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Technology, Media and Telecom

Technology, Media and Telecom

Obhan Mason: RBI Payment Aggregator Draft
May 8, 2024

RBI Issues Draft Circular for the Regulation of Payment...

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"). ......
FSSAI Advisory
April 17, 2024

FSSAI Advisory: E-Commerce Platforms to Properly Catego...

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. ......
Free Speech
April 3, 2024

Freedom of Speech Essential for Media Platforms: Suprem...

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. ...
Digital Competition Law 2024
March 27, 2024

COMPETING IN DIGITAL MARKETS: THE REPORT OF THE COMMITT...

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. ......
Obhan Mason: MeitY AI Advisory
March 21, 2024

AI in the Spotlight: Insight’s from MeitY’s...

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"). ......
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. ......