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Westferry Times > Law and Articles > Ensuring Transparency: SEBI’s New Rules for Influencers Take Center Stage
Law and Articles

Ensuring Transparency: SEBI’s New Rules for Influencers Take Center Stage

Mona Porwal
By Mona Porwal Published June 29, 2024
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It is in this background that the Securities and Exchange Board of India has, of late, approved new norms for regulating ‘influencers.’ The movie has thus acquired immense importance in precipitating transparency and accountability within the realm of dispensation and dissemination of advice and information about finances through social media and digital platforms.

The term ‘influencers’ is derived from the combination of the words ‘finance’ and ‘influencers.’ It refers to a person who shares financial advice, stock tips, or investment and market insights through online platforms and social media. In recent years, influencers have grown into powerful voices within the financial space. An opaque accumulation of such financiers—often gaining immense followings based on their recommendations and analyses—all began in the wake of digital content creators and social media influencers over the past few years.

The regulator’s decision to police ‘influencers’ has come amid concerns over the quality and reliability of financial information shared online. While some ‘Finfluencers’ offer valuable insights through educational or informative content, other influencers without domain expertise or those indulging in misleading practices might end up causing harm to unsuspecting investors and/or distorting market perception.

Under the new norms, ‘Finfluencers’ vetted by SEBI will face tighter compliance regarding accuracy, transparency, and disclosure of the financial advice and recommendations offered to customers. These guidelines are supposed to make sure that ‘Finfluencers’ from now onwards may not mislead their target audience on information that could be misleading, conflicting, and ethically unsound as far as interactions with their followers on social media go.

Key features of the regulatory framework include that ‘influences’ would have to disclose their qualifications, affiliations, and any pecuniary interests that could affect the recommendation made. They would also have to draw a neat distinction between what was their personal opinion and what was professional advice. There may be a need for disclaimers in posts to clearly indicate the type of content they contain.

The initiative that SEBI has taken only underlines that in today’s digital world, there is a need to safeguard investors’ interests and ensure market integrity. In putting a regulatory oversight on ‘Influencers’, SEBI aims to achieve a dual-pronged objective regarding consumer protection through reduced instances of misinformation and promotion of responsible financial journalism and communication practices.

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The challenge remains in their effective enforcement across varied digital platforms—and the manner in which liability is to be imposed on ‘Finfluencers’ in case of non-compliance. In fact, some critics argue that countries must strike a balance between consumer protection and fostering innovation and free speech in the digital economy.

At the root of the RBI’s approval of norms to regulate influencers , one finds a proactive measure to nip rising challenges in the digital financial landscape in the bud. The clear guidelines and expectations that SEBI wants to lay down for influencers would therefore be aimed at creating an informed and safe environment for investors and promoting the practice of responsible financial communication over this digital platform in India. Effective regulation will be the key to maintaining market integrity and protecting the interests of all stakeholders, with increasing effects from digital platforms.

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