Technology, Media and Telecom

On November 09, 2020, the Central Government issued a notification bringing digital/online media platforms under the ambit of the Ministry of Information and Broadcasting ("MIB"). While there exists a legal framework and judicial pronouncements in respect of electronic and print media, there was no equivalent in respect of digital media. ......

Criminal contempt has been recognized as the action of publishing any matter including by words, spoken or written, or by signs, or by visible representations, or otherwise, or any other act which (i) scandalises or tends to or lowers or tends to, the authority of any court; (ii) prejudices or interferes with due course of judicial proceedings; or (iii) interferes or obstructs the administration of justice in any other manner1. Criminal contempt is considered to create distrust in the popular mind and impair the confidence of the people in the courts, hence, the law has been put in place to protect the legitimacy and authority of the court. ......

How many times have you resorted to tweeting or posting on Facebook, trying to grab the attention of a particular seller or brand for an online shopping transaction gone wrong? The newly notified Consumer Protection (E-Commerce) Rules, 2020 ("Rules") that were notified on July 23rd, 2020 may just be the answer to your troubles. These Rules, which have been issued pursuant to the enactment of the Consumer Protection Act, 2019 ("Act"), lay down stricter, tougher requirements for e-commerce entities/ electronic retailers to follow. ......

Modern technology has revolutionized how we disseminate and record information and its no doubt that this has led to an increase in the commercial exploitation of the private lives of public personalities and celebrities often hurting the sentiments and reputation of such people. Several magazines and tabloids publish regular columns on celebrities. A blind item is a column wherein the name / identity of the celebrities being discussed is obscured. ...

As a general rule, it is frowned upon to bring disrepute to a person. That general principle is integral enough for the law to be concerned with it. The Indian Penal Code (“Code“) defines defamation as “making or publishing an imputation concerning any person, intending to harm, or knowing or having reason that such imputation will harm, the reputation of such person....

On March 4, 2020, a three-judge bench of the Supreme Court of India ("Supreme Court") set aside the Reserve Bank of India’s ("RBI") circular dated April 6, 2018 ("Circular"), which prohibited entities regulated by the RBI from dealing in virtual currencies or providing services for facilitating any person or entity in dealing with or settling virtual currencies. The Supreme Court set aside the Circular on the ground of proportionality....

The Reserve Bank of India (“RBI”) has released a discussion paper on ‘Guidelines for Payment Gateways and Payment Aggregators’ for public comment (“Discussion Paper”). The Discussion Paper envisages payment gateways such as Paytm, Mobikwik, Bharat Bill Pay, PayUmoney etc. having to adhere to RBI guidelines. The Discussion Paper highlights the RBI’s concern for safeguarding the online experience of consumers while making payments and the role of intermediaries in conducting such transactions....

Observing that "the race between technology and the law could be termed as a hare and tortoise race - as technology gallops, the law tries to keep pace", the Delhi High Court on October 23, 2019 ruled that Indian courts can issue global takedown orders to platforms such as Facebook, Google and Twitter for illegal content uploaded by users. The Court also held that the provisions of the Information Technology Act, 2000 ("IT Act") had to be interpreted in a manner so as to ensure that judicial orders were effective and "not toothless"....

The scope of public internet that started back in the 1980s has grown over the decades. It allows a telecom subscriber to access almost all the services required for information, education and entertainment etc. It has altogether redefined the conventional marketplace. Even personalized services, such as a taxi ride can be accessed on a person’s fingertips. This growth has also brought about a fundamental shift in other spheres including telecom and TV. Earlier, networks used to be built around specific applications, say voice, internet or Pay TV. Voice, message and video content have now been reduced to mere bytes.There has been a rapid proliferation of voice, video and Over-the-top ("OTT") application services being delivered over networks....