Should Celebs Answer For The Brands They Endorse?

In view of recent controversies involving brands that some of the top celebrities endorse, it has been widely debated whether a star campaigner should be held accountable for defaults or lapses by the endorsed brand.

Some say that since celebrities promote brands for money, this should not be construed as their personal endorsement but seen as their profession. But others are of the view that celebrities have a strong impact on the impressionable minds of their followers, so they should act more responsibly while choosing what they want to lend their names to.

The Central Consumer Protection Council (CCPC), headed by Consumer Affairs Minister Ram Vilas Paswan, recently held a meeting on the issue in New Delhi. According to CCPC, celebrities should be held responsible for misleading advertisements of brands endorsed by them. The council has also proposed that there should be adequate guidelines for brand ambassadors. Though celebrities might not be experts at judging the quality of a product, they should at least apply some common judgement before endorsing a product. Consumers repose faith in celebrities and tend to follow their advice because of their credibility.
Usually, children like to drink the beverages that their favourite sportsperson drinks, wear the clothing brands that their favourite actor wears, and so on. Even adults are not untouched by this phenomenon. They attach much more value to a company that has a celebrity as its brand ambassador than another in the similar business. People should also apply their logic and avoid blindly following a particular celebrity's endorsement.

The government has also constituted a Parliamentary standing committee under J C Divakar Reddy, a Member of Parliament from the Telugu Desam Party. The committee is exhaustively analysing the various aspects related to misleading advertisements and is expected to soon place its report before Parliament. According to media reports, it could recommend a jail term of up to five years, along with a hefty penalty, on celebrities who are found endorsing misleading advertisements.

The panel might propose a fine of up to Rs 10 lakh or an imprisonment of up to 2 years, or both, for the first-time offenders. The repeat offenders could be treated more stringently, with a fine of up to Rs 50 lakh, or imprisonment of up to five years, or both.

These might spell a difficult time ahead for celebrities, who have so far escaped any liability for misleading advertisements. They are paid crores of rupees for endorsements and enjoy other benefits that these companies provide, but are not answerable in the event of a default by these companies.

The celebrities have a moral and ethical responsibility of the product they endorse. It is for this reason that many actors like Amitabh Bachchan have refused to endorse tobacco products and alcoholic beverages, given their ill effects on health. However, their responsibility at present is only moral. They cannot be held responsible under the law because they cannot be expected to know the intricate details of the company they are endorsing. The celebrities, usually from the sports or entertainment industry, do not have the domain knowledge to scrutinise a product as an expert. It is the government's duty to protect the consumer, and the company's to ensure it does not indulge in malpractices.

A complaint against a celebrity can be filed if he or she is aware what he or she is saying in the advertisement is misleading and yet goes ahead with it. But if he or she has a good reason to believe about the authenticity of the statement made in the ad, he or she cannot be proceeded against. In most cases the celebrities believe what they are made to say is true and not misleading.

The Advertising Standards Council of India (ASCI) is a self-regulatory body meant to prevent misleading and offensive advertisements. In case any person finds an advertisement that is misleading, he should approach ASCI to lodge a complaint.