"The Defendant is falling under a nascent category of individuals, popularly known as "social media influencers" -
This statement was quoted by a single judge bench of the Hon'ble
Social media platforms such as Twitter, YouTube, Facebook, Instagram, LinkedIn, etc have offered almost every individual a forum to practice his or her freedom of speech and expression in the rapidly evolving digital world. These rights are guaranteed in
Politicians, actors, athletes, authors, musicians, artists, singers, well known business executives, television personalities and anybody seeking public attention, including reality television stars, are all celebrities2. The conventional categories of movie actors, rock stars, and athletes have been replaced by a new definition of celebrity3. YouTube artists, Instagram creators, LinkedIn influencers, and others have been added to the list. To summarize, it all depends on public perception, whether favorable or unfavorable.
- Kathawala, above,also said,"Social media influencers are individuals who have acquired a considerable follower base on social media along with a degree of credibility in their respective space. Depending on the popularity of their field of expertise, their following can range from thousands to even millions of persons".4They are a new breed of independent endorsers with the power to influence an audience's attitude and perspective through tweets, blogs, and various other social media post5. Modern influencers are people who have a large social following and can be employed for marketing as a digital form of word-of-mouth ('WOM') advertising.
After reading the aforementioned description, it is clear that there is no absolutedefinition of a Social Media Influencer. There is a presumption of linking the number of followers with an individual's popularity if one goes by the concept that any anyone with a sense of influence and credibility with followers ranging from thousands to millions can be an influencer. This parallel is harmful for two reasons: first, the number of followers or fan following is acomplexmetric to qualify, and not every separate person with anenormousamount of followers will be regarded influential, as these days it is very quotidian to join the association of thousands or millions on any social media platform; second, there is no criterion to assess an individual's credibility. Therefore, identification of Social Media Influencers becomes challenging with such a hazy concept.
CAN SOCIAL MEDIA INFLUENCERS CLAIM CELEBRITY OR PUBLICITY RIGHTS?
Celebrities can be characterized as those who are well-known among great swathes of people,6and are often talked about by the media and the larger society. "To avail the right against the infringement of right to publicity, the plaintiff must be "identified" from defendant's illegal use," it was stated in the case of
In terms of the effect they have among the general public, social media influencers are similar to traditional celebrities in terms of their roles and responsibilities. These influencers are frequently sought for the purpose of promoting a product, supporting a cause, and so forth. Because tremendous power comes with great responsibility, SMIs can transform people's views for better or for worse. Although Article 19 ensures everyone's right to free speech and expression, it does so with significant limitations. In the case of someone with a significant social media clout, it's even more important to be sure that what they say is true. An SMI must exercise caution and try to strike a balance between reviewing or recommending a product or service while also avoiding defaming or providing inaccurate information about a competitive product or service. Celebrities and businesses frequently get themselves into trouble, tarnishing the reputation of any brand or product that they are associated with. As a result, SMIs frequently seek protection under Section 52 of the Copyright Act of 1957, which governs fair use. The Sebamed soap issue, which is comparable to this case in terms of product disparagement, is a recent example. As a result,
The
However, the lack of such law is troubling for a variety of reasons. SMIs must be identified by a set of rules in order to protect their rights as public figures and hold them accountable for any subsequent infractions. Because of the unregulated digital environment, brands, corporations, and consumers have encountered numerous challenges in terms of disparagement, copyright violations, trademark violations, deception, misrepresentation, consumer complaints, and so on. Before we witness a surge in lawsuits, it's critical to reflect on
Footnotes
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4.Supra 2
5.Freberg, K., et al. Who are the social media influencers? A study of public perceptions of personality. Public Relations Review (2010), doi:10.1016/j.pubrev.2010.11.001
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Is The Concept Of A Social Media Influencer Still Underdeveloped In
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