Technology, Media and Telecom

On May 7, 2024, the Hon'ble Supreme Court passed an order in the case of Indian Medical Association & Anr. v. Union of India & Ors. requiring submission of self-declarations by advertisers/advertising agencies before the publication or broadcast of any advertisement ("Order"), for consumers to be able to make informed decisions about the quality of products that are offered to them for sale. ......

The Reserve Bank of India (RBI) has recently released a robust and intricate framework for the establishment and functioning of self-regulatory organisations (SROs) in the fintech sector (SRO-FT), aimed at fostering a balanced environment that promotes innovation while ensuring compliance with regulatory standards. ......

The Reserve Bank of India ("RBI") has reportedly been planning to initiate the establishment of a Digital India Trust Agency ("Agency"), in order to curb financial frauds and cybercrimes which have been uprising in the digital lending space. This Agency is intended to be involved in creating a systematic procedure of verifying legitimate digital lending application and resolving the concerns surrounding unauthorised digital lending apps. ......

In today's media-saturated environment, consumers are increasingly susceptible to external influences disseminated through the media, with celebrities often leading the charge in shaping consumer behavior. Whether through social media platforms, traditional advertising channels, or product endorsements, the impact of celebrity-focused advertising extends beyond mere entertainment and impacts consumer decisions. ......

In April 2024, the Reserve Bank of India ("RBI") issued the Draft Circular for the Regulation of Payment Aggregators ("Draft Circular"), in keeping with their pivotal role in the ever-evolving financial services industry. The Draft Circular is slated to update the extant Guidelines on Regulation of Payment Aggregators and Payment Gateways, as issued by the RBI on March 31, 2021 ("Guidelines"). ......

The Food Safety and Standards Authority of India ("FSSAI") is a statutory body established under the Food Safety and Standards Act, 2006 ("FSS Act"). It operates under the Ministry of Health & Family Welfare, Government of India. The FSSAI is responsible for regulating and supervising the safety and standards of food products to ensure their quality and hygiene. ......

On March 22, 2024, a 3 (three) judge bench of the Supreme Court passed an order reiterating the importance of freedom of speech and expression, granted by Article 19(1)(a) of the Constitution of India, in relation to articles published by media platforms. ...

The Ministry of Corporate Affairs set up the Committee on Digital Competition Law ("Committee") on February 6, 2023 in order to evaluate the need for an ex-ante regulatory mechanism for digital markets in India, reviewing the current provisions of the Competition Act, 2002 ("Competition Act"), assessing whether they are sufficient to deal with challenges that have emerged from the digital economy, and evaluating whether a separate legislation to regulate digital markets is needed. ......

The Ministry of Electronics and Information Technology ("MeitY"), on March 1, 2024, issued an advisory for all intermediaries under the Information Technology Act, 2000 ("IT Act") and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). ......