Media & Entertainment
Media & Entertainment Policy
How is digital content regulated in India? #
Digital content in India is regulated through a layered framework. The IT Act and the Intermediary Guidelines and Digital Media Ethics Code Rules govern online content platforms, imposing self-classification, content moderation, and grievance redressal obligations. The Cinematograph Act applies to content exhibited in cinemas. The Cable Television Networks Act governs broadcast content. Advertising is regulated by ASCI’s self-regulatory code and the Consumer Protection Act’s provisions on misleading advertisements. Content directed at children faces additional restrictions under the DPDP Act and consumer protection rules. The government has also proposed the Broadcasting Services (Regulation) Bill to consolidate regulation of traditional and digital broadcasting. The framework is fragmented across multiple statutes and regulators, and we help clients navigate the applicable rules for their specific content and distribution model.
What are the ASCI guidelines for influencer marketing? #
The Advertising Standards Council of India (ASCI) requires influencers to disclose their material connection with a brand whenever they promote a product or service in exchange for payment, free products, or other consideration. Disclosures must be prominent, upfront (not buried at the end of a post), and use clear language such as “Ad”, “Sponsored”, “Paid Partnership”, or “Collab”. The disclosure must appear on the post itself, not just in the profile bio. ASCI has actively pursued complaints against non-compliant influencer posts and issues public notices of violations. Brands are equally responsible for ensuring that influencers they engage comply with the guidelines. We advise brands, agencies, and influencers on structuring compliant influencer campaigns.
What is the current status of online gaming regulation in India? #
Online gaming regulation in India is evolving across multiple fronts. The central government introduced amendments to the IT Rules in 2023 establishing a framework for online gaming intermediaries, including registration and verification requirements. The GST Council imposed 28% tax on full face value in 2023. Several states have enacted or proposed their own online gaming legislation, with varying approaches to the skill-chance distinction, age restrictions, and advertising. The Promotion and Regulation of Online Gaming Bill has been introduced, though its passage and final form remain uncertain. The regulatory landscape is fragmented and fast-moving. We track developments at both central and state level and advise gaming companies on adapting to regulatory changes as they occur.