Technology, Media and Telecom

Digital markets comprise of internet based (digital) companies with millions of users. Such markets may be dominated with a few leading players emerging over a short period of time. The Standing Committee on Finance ("Committee") submitted its report on 'Anti-Competitive Practices by Big Tech Companies' on December 22, 2022 ("Report"). ......

In order to safeguard the users of online games against potential harm, draft amendments to the IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021 ("Draft Rules") pertaining to online gaming were released on January 02, 2023 by Ministry of Electronics and Information Technology ("MeitY") for public consultations. ......

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. ......