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Technology, Media and Telecom

Technology, Media and Telecom

Obhan Mason: Cinema Certification Rules
March 6, 2024

Certifying a Bold New Future: The Draft Cinematograph (...

The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same....
Defamation
February 14, 2024

Think Before You Retweet: Delhi High Court’s Ruli...

In a recent Delhi High Court judgement , the Court laid the foundational stone on the jurisprudence of retweeting and whether it amounts to 'publication' for the offence of defamation under Section 499 of the Indian Penal Code, 1860 ("IPC"). It was held that every retweet of defamatory imputation would ordinarily amount to 'publication' under Section 499 of the IPC, and it is ultimately for the person so aggrieved to decide as to which retweet caused more harm to his reputation, and inter alia lowered his moral or intellectual character or his credibility among the members of society. ......
High Court
February 7, 2024

Between the ‘Abyss of Unrestrained Power’ and the ‘Heav...

On January 31, 2024, a two-judge bench of the Bombay High Court delivered a split decision regarding the constitutional validity of Rule 3(i)(II)(A) and (C) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023, which amend Rule 3(1)(b)(v) of the Information Technology Rules, 2021 (the "Impugned Rule"). ......
Influencer Marketing Risks
January 24, 2024

When a Cup Runneth Over: The Stanley Cup and Influencer...

Founded in 1913, Stanley, a brand owned by Pacific Market International, LLC, originally began manufacturing products mainly for men, camping and outdoor activities, with its thermos being used by pilots in World War II. Over a century later, Stanley products are most popular amongst a demographic of teenagers and young women. ......
Telecom Act 2023
January 17, 2024

TELECOM REVOLUTION: DECODING THE PROVISIONS OF THE TELE...

The Telecommunications Act, 2023 (the "Act") received presidential assent on December 24, 2023 after the draft Telecommunications Bill, 2022 (the "Bill") was released for public consultation. When notified of its enforcement, the Act will replace the current telecommunication laws in India, the Indian Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933 and will provide a consolidated modern legal framework for the telecommunication industry in India. ......
Truth Defence Defamation
January 10, 2024

PRITAM CHAND V DR. KAMAL SAINI: DEFINING THE LIMITS OF...

The Jammu and Kashmir and Ladakh High Court ("J&K&L Court") in its recent order in Pritam Chand v Dr. Kamal Saini (CRMC No. 758/2017), stated that the press must refrain from publishing content in the newspaper that is manifestly defamatory in nature against an individual. ......
Press Bill 2023
January 3, 2024

The Press and Registration of Periodicals Bill, 2023

On December 21, 2023, the Lok Sabha passed the Press and Registration of Periodicals Bill, 2023 ("PRP Bill"), revoking the colonial-era legislation of the Press and Registration of Books Act, 1867 ("PRB Act"). The PRB Act was designed to regulate the printing presses and newspapers and imposed strict penalties, including imprisonment, for non-compliance with its provisions. ......
Dark Patterns Rules India
December 6, 2023

Dark Patterns Banned: Guidelines for Prevention and Reg...

'Dark Patterns' are deceptive online interface designs that are used to trick people into making decisions that are in the interests of the online business, but often at the expense of the user. Dark patterns are carefully crafted and can range from subtle omissions to outright lies, but what they all have in common is that they undermine users' intentions. ......
Broadcasting Bill 2023
November 29, 2023

Draft Broadcasting Services (Regulation) Bill, 2023: Le...

On November 10, 2023, the Ministry of Information and Broadcasting (“MIB”) released the draft Broadcasting Services (Regulation) Bill, 2023 (the “Bill”) seeking comments from the general public and/or any stakeholders. The Bill aims at consolidating the present regulatory guidelines that apply to the broadcasting industry in India under one legal framework and replace the long-standing Cable Television Networks (Regulation) Act, 1995. ......