Technology, Media and Telecom

Section 73 of the Indian Contract Act, 1872 stipulates that in order for a party to be entitled to damages arising from a breach of a contract, the resultant loss/damage ought to have arisen in the usual course of things from such a breach; or in a circumstance where the contracting parties were aware (when they were entering into the contract) that such a loss/damage could subsequently arise from a breach thereof. ......

In an increasingly more interconnected world, the omnipresence of media can be both a boon and a bane. Before the smartphone age, India had its first ‘Tryst with Destiny’ with the humble radio and the broadcast of several significant historical events (including, of course, the then-Prime Minister’s historical speech), to go on to become a true democratiser of knowledge. ......

India has one of the fastest growing e-commerce markets in the world and e-commerce transactions have steadily increased across the nation during the past several years. Consumers heavily rely on reviews posted on e-commerce platforms to understand the experience of customers who have already purchased the goods or services, and online reviews have significant influence over purchasing decisions of the consumers. ......

Have you ever been unable to find the unsubscribe/delete button on a social media application? Added an item to your shopping cart only to realize later that the price displayed to you initially was substantially lower than the check-out price? Were you forced to provide personal data to gain access to a website/application? These are all examples of unfair trade practices and misleading advertisements deployed by digital platforms to manipulate users, i.e., dark patterns. ......

An advisory issued by the Ministry of Information and Broadcasting (“MIB”) dated October 21, 2022 (“Advisory”), has been making waves and stirring up the airwaves. The Advisory requests the ministries of the Central Government, as well as the Governments of all State and Union Territories. ......

Intermediaries store or transport data on behalf of others and include online marketplaces, search engines, social media platforms, telecom and internet service providers. In 2008, the Information Technology Act ("IT Act") was amended to protect intermediaries from accountability for any information belonging to third parties. ......

The Reserve Bank of India ("RBI") recently published a concept note on Central Bank Digital Currency ("CBDC") to explain its approach towards introduction of the digital rupee and create awareness for its planned features. ......

The Ministry of Information and Broadcasting, Government of India ("MIB"), on December 4, 2020, had issued an advisory addressed to private satellite television channels to adhere to the guidelines on online gaming issued by the Advertising Standards Council of India ("ASCI"), which contained certain best practices for advertisements of online gaming, across several mediums. ......

The Ministry of Information & Broadcasting (“MIB”) reportedly directed the online video-sharing platform, YouTube to remove 45 videos from 10 channels hosted on its website on September 23, 2022 under the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”). ......