LIJDLR

MISLEADING ADVERTISEMENTS IN INDIA: CONTENT-BASED LIABILITY TO PLATFORM GOVERNANCE IN THE DIGITAL AGE

Ananya Sharma, BA LLB(H), 10th Semester, Student at Amity Law School, Amity University, Uttar Pradesh (India)

In 2020 the digital economy has masked distinctions between traditional advertising, influencer marketing and immersive, sensory real time marketing, creating a playful ecosystem of commercial influence that evades regulation in India. This paper is organized into six parts. Part I introduces the research problem and conceptual framework. Part II examines the constitutional foundations governing commercial speech and misleading advertisements in India. Part III analyses the statutory and regulatory regime under the Consumer Protection Act, 2019 and related guidelines. Part IV identifies institutional and enforcement deficiencies in the existing framework. Part V undertakes a comparative study of regulatory models in the European Union, the United States, and the United Kingdom. Part VI proposes a unified governance framework and presents the concluding reflections. It counters direct importation with smart adaptation: it promotes regulatory transplantation, but Indian adaptation of regulatory principles to its institutional characteristics and constitutional structures. At the heart of it lies the argument that, for India to manage commercial influence, a reconceptualization of India’s digital content control from violation of content to ecosystem is crucial. This requires a cohesive framework respecting graduated platform liability, binding traceability requirements of disclosure and transparency regarding the workings of algorithms, penalties aligned with turnover and the creation of a formal co-regulatory structure with the CCPA, the Data Protection Board of India and ASCI. Without this reframing, incremental legislative changes will continue to offer normative aspirations without efficacy norms on paper that have no teeth.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 457–479.
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