The Case of Dettol
**The Rise of Influencer Marketing**
Influencer marketing has become a significant part of modern advertising. Social media influencers are shaping consumer perception and purchasing decisions, but also facing heightened scrutiny. **The Dettol Case: A Landmark Decision**
A landmark court case in India has highlighted the importance of responsible influencer marketing. The case, which centered around claims made by influencers, is likely to set significant precedents and pave the way for more robust legal frameworks in the industry. • Bharadwaj Jaishankar, partner at IndusLaw, stated that the Dettol case is a significant development, emphasizing the need for influencers to exercise greater caution and credibility. • The Advertising Standards Council of India (ASCI) has already formulated guidelines for creators, but the lawsuits place an added responsibility on influencers to be more responsible in their content creation. A bench led by Justice Saurabh Banerjee on Tuesday ordered Raj Shamani and Ritik Chaturvedi to remove objectionable content from a podcast episode featuring Dr. Manjot Marwah, a dermatologist, citing allegedly false, misleading, and defamatory remarks about Reckitt Benckiser India Ltd’s Dettol antiseptic.

“Though the [Dettol] video was taken down following the notice, the public debate—and legal action—highlighted how brands are aggressively protecting their reputation in the digital age, especially when influencer content has viral reach and commercial impact,” said Yatharth Rohila, an Advocate at law firm Aeddhaas Legal LLP. **The Impact on Influencer Marketing**
The Dettol case highlights the need for influencers to be more responsible and accurate in their content creation. With the rise of influencer marketing, social media influencers are shaping consumer perception and purchasing decisions, but also facing heightened scrutiny. • Yatharth Rohila, an Advocate at law firm Aeddhaas Legal LLP, stated that the Dettol case is a message that a balance must be struck between free speech and legal responsibilities. • Shiv Sapra, partner, Kochhar & Co, emphasized the need for influencers to be cautious about the content shared by them, ensuring that their statements are accurate and based on credible information. “Though the [Dettol] video was taken down following the notice, the public debate—and legal action—highlighted how brands are aggressively protecting their reputation in the digital age, especially when influencer content has viral reach and commercial impact,” said Yatharth Rohila, an Advocate at law firm Aeddhaas Legal LLP. **A Middle Ground: Freedom of Speech vs Disparagement**
The industry watchdog ASCI also stressed upon the diligence by influencers given their popularity and influencing power. “While de-influencing can play a valuable role in keeping brands authentic and truthful and foster transparency in their messaging, it requires a fact-based and responsible approach,” said Manisha Kapoor, chief executive officer and secretary-general at ASCI. “There is also a fine line between constructive criticism and sensationalism—crossing it can unjustly damage a brand’s reputation and create unnecessary fear among consumers,” she said. In the Dettol case, health ‘de-influencer’ foodpharmer, known to create videos debunking nutritional claims, pointed out that the comments were made by a senior dermatologist who possessed a medical degree and is an expert in her field and the influencer only provided her a platform to speak. “The ruling [in the Dettol case] is a message that a balance must be struck between free speech and legal responsibilities. It is a reminder that influencers must be cautious about the content shared by them, and ensuring that their statements are accurate and based on credible information,” said Shiv Sapra, partner, Kochhar & Co. **Criticism vs Sensationalism**
The industry watchdog ASCI also stressed upon the diligence by influencers given their popularity and influencing power. Sahil Chopra, chairman of IIGC and cofounder of adtech platform iCubesWire, stated that influencers’ action amounted to tarnishing Dettol’s reputation. “The creators have clearly defamed the brand without proper authentication and even if they had authentication, they had no right to make a joke about it on social media,” said Sahil Chopra, chairman of IIGC and cofounder of adtech platform iCubesWire.