What Bangladesh can learn from China's influencer regulation

China has recently introduced a sweeping new regulation requiring social media influencers to hold formal qualifications—such as a university degree, professional licence, or recognised certification—before they offer advice on sensitive topics like health, finance, education, law, or medicine. The directive, issued by the Cyberspace Administration of China (CAC), aims to protect users from harmful or misleading guidance, such as unverified health tips, unsafe skincare practices, financial "get-rich-quick" schemes, or legal advice from unqualified individuals.

Far from being viewed as an attack on free expression, the law is justified as a safeguard for public welfare in an era when online information spreads far faster than traditional guidance. The logic is that, without minimum standards, society risks exposure to "opinion-bombs" from laypersons posing as professionals.

In countries like Bangladesh, where social media reach is vast and consumer awareness often limited, many unqualified individuals are offering advice on health, skincare, investment, legal rights, and mental wellness. This trend warrants serious scrutiny due to its potential impact on users. Common examples of influencer promotions include skin-whitening products, slimming teas or juices, and libido-enhancing oils or tablets. Without oversight or credentials, such advice can lead to harmful side effects, wasted money, and emotional distress. By distinguishing between mere opinion and expert advice, regulation can protect the public while preserving freedom of expression.

China's approach demonstrates that it is possible to impose restrictions for the greater good rather than resorting to blanket censorship. The intent is not to suppress free speech but to ensure accountability for those perceived as authorities in specialised domains.

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Recent studies reveal that misinformation from unqualified Bangladeshi content creators poses a growing public health concern. Research on health misinformation in Bangladesh notes that most health-related posts originate from individuals with no medical background, yet 60.7 percent of surveyed users reported following online health tips. One alarming case involved a local vlogger promoting the use of Savlon disinfectant spray and a fogging machine on the body as a Covid precaution—an unsafe and scientifically baseless act. Such examples illustrate how unqualified advice can cause physical harm and delay access to proper medical care.

Beauty and skincare content is another domain rife with misinformation. Influencers frequently promote cosmetic products without understanding their safety or ingredients. A recent study by the Environment and Social Development Organisation (ESDO) found that 22 out of 26 skin-lightening creams available in Bangladesh contained mercury levels up to 24,800 times the legal limit. Marketed as "herbal" or "safe," these products are often endorsed by influencers who lack any dermatological expertise. Other investigations have revealed that many influencers unknowingly promote counterfeit cosmetics, exposing users to chemical burns, long-term skin damage, and toxic exposure. Brands typically hire influencers for their reach rather than credibility, replacing expert advice with popularity-driven marketing.

Studies indicate that around 50 percent of Gen Z and millennial followers trust influencers to provide reliable advice about the products or services they promote. This places a moral responsibility on influencers to share honest opinions rather than sponsored endorsements. Yet, social media feeds are filled with personalities praising products as "the best in the market" without credible proof, perpetuating what scholars call a "trust economy."

In 2023, a popular online shop owner known as Sabu was arrested following a complaint from a customer who developed a skin condition after using her "miracle soap." Sabu frequently appeared on live streams, claiming her product would lighten skin tone and asserting it had been tested and approved by the Bangladesh Standards and Testing Institution (BSTI)—claims that were later proven false. This case highlights how the absence of credential requirements enables influencers to masquerade as experts, sometimes with dangerous outcomes.

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With millions of Bangladeshis relying on social media for health, beauty, financial, and lifestyle guidance, the stakes are high. Influencers today are not merely entertainers; they often shape decisions that affect physical health, mental well-being, and financial security. While China's model may not be flawless, its underlying rationale remains sound.

Bangladesh already has a legal framework recognising expert opinion—Section 45 of The Evidence Act, 1872, which accepts expertise only from individuals with demonstrable training, experience, or specialised knowledge in a relevant field such as law, science, or art. Courts are empowered to reject opinions from unqualified individuals because ordinary people are unlikely to make accurate judgments in such matters. Extending this principle to the digital sphere would be both logical and beneficial.

If influencers wish to provide medical advice, promote chemical skincare products, or offer guidance on legal or financial matters, they should be held to similar evidentiary standards. Social media platforms could verify credentials, label expert content, and require disclaimers from non-experts. This would not curtail free expression, as individuals could still share personal experiences or opinions. The only change would be that claims presented as expert advice must meet the same legitimacy threshold already recognised by our justice system.

In an age when misinformation can be deadly, such a move would not constitute censorship; it would represent responsible governance in the public interest.

Aparajita Debnath is advocate at the Dhaka Judge Court.

Views expressed in this article are the author's own.

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