iWorld
Guest column: Implications of the new digital media code for online content platforms
NEW DELHI: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, framed under the Information Technology Act 2000, were notified on 25 February 2021. The Rules apply to publishers of online curated content (OCC), intermediaries, including social media intermediaries and significant social media intermediaries (ie those with 5,00,000 or more users), and publishers of digital news and current affairs.
The rules have been issued amidst the backdrop of, and perhaps in response to, various public interest litigation matters that remain pending across the country, alleging that content published on significant OCC platforms is seditious, defamatory, contemptuous, infringing, obscene, offensive, and, or, is otherwise illegal.
Regulation of OCC platforms
The rules prescribe a Code of Ethics and guidelines for OCC platforms and publishers of digital news and current affairs content. These entities and their compliance with the rules will be overseen by the ministry of information and broadcasting (MIB).
The rules prescribe a three-tier regulatory mechanism to ensure publishers (including OCC platforms) comply with the code. Further, the factors to be considered before publication of content on an OCC platform include the effect of the content on the sovereignty of India; whether it could affect friendly relations with another state, incite violence or disturb public order; whether it could affect India’s multi-religious and multi-racial fabric; and, whether its publication would otherwise be prohibited under any law for the time being in force.
The rating categories are to be assigned to the content after considering the depiction of themes and messages, violence, nudity, sex, language, drug and substance abuse, horror within the content and the target audience of the content.
Implications of the rules on OCC platforms in India
Under the Rules, ‘online curated content’ includes content which is owned, licensed, or contracted to be transmitted, and is made available on demand, including through subscription. The definition of ‘publisher of online curated content’ specifically excludes individuals who are not transmitting content in the course of a systematic business, professional or commercial activity.
The Rules apply only to persons engaged in the distribution of content for commercial purposes, and clearly are not intended to regulate user-generated content uploaded on social media platforms. On a plain reading, it appears that the Rules may also regulate channels of social media influencers and celebrities on significant social media platforms such as YouTube, as these channels may be considered publishers of OCC. However, the rules do not make any specific reference to individuals generating content or social media influencers, and the position with respect to social media influencers is unclear. For instance, in the absence of a clarification, content on YouTube channels such as IISuperwomanII would pass the test of being ‘curated catalogues’ as these channels usually contain a mix of comedy sketches, podcasts, interviews, short films and news critiques, addressing an identified audience.
The rules do not expressly address situations where news may be disseminated through non-traditional channels or could be considered to have been disseminated through an OCC platform (for example, Last Week Tonight on Disney+ Hotstar and the ScoopWhoop Unscripted YouTube channel). In theory, such OCC publishers may be required to comply with the entirety of the code, ie part I which addresses publishers of digital news and current affairs and part II which addresses OCC.
The three-tier regulatory mechanism is similar to the self-regulation model that is already in place for non-news and news television broadcasters, and the rules have, therefore, been promulgated as an attempt to provide a level playing field to digital content platforms as opposed to the traditional forms of television and cinema broadcasting.
The rules prescribe sanctions in the form of warning, requiring an apology, reclassification, editing, modification, deletion, and even blocking of access to the publisher of content violative of the rules. The new regulations do not suggest content censorship, and only prescribe matters to be considered before classifying and publishing content. Given that television content in India is quite conservative in comparison to the content currently available on OCC platforms, there is apprehension amongst the stakeholders that OCCs may be subjected to a similar level of ‘excessive’ censorship. However, OCC platforms have a distinct advantage over television – sophisticated software that enables age-gating of content and creation of buckets of content for different age groups. The interdepartmental committee of the MIB should bear this advantage in mind when issuing directions, orders or penalties under the rules.
The rules may encourage OCC platforms to err on the side of caution and restrict the publication of content where apprehensions may arise regarding that content’s rating. This approach may adversely affect content creators’ constitutional right to freedom of speech and expression. In this context, it will be interesting to see whether the rules do, in fact, level the playing field not only in terms of regulation of various media but also result in availability of similar kinds of content across all modes of distribution. In any event, the rules may provide a much-needed structure to the OCC space.
(The note has been authored by Kaushik Moitra, partner and Karnika Vallabh, associate at Bharucha & Partners. The views expressed in this article are their own and indiantelevision.com need not subscribe to them.)
iWorld
Warner Chappell Music launches India ops, Jay Mehta to lead unit
WMG shifts to direct model, unifying publishing and recorded music
MUMBAI: Warner Chappell Music has officially launched direct operations in India, marking a strategic shift by parent Warner Music Group to deepen its presence in one of the world’s fastest-growing music markets.
The move replaces the company’s earlier sub-publishing model with a full-fledged, on-ground operation, aimed at giving Indian songwriters stronger access to global networks, rights management tools, and creative infrastructure.
To lead the push, Jay Mehta has been handed an expanded mandate. Already serving as managing director of Warner Music India, Mehta will now oversee both recorded music and publishing across India and neighbouring South Asian markets, effectively bringing the two sides of the business under one roof.
The unified structure is designed to streamline how artists and songwriters work with the company, offering a more integrated ecosystem that spans compositions, recordings, and global distribution.
Warner Music Group managing director, recorded music and publishing, India and SAARC Jay Mehta said, “India’s songwriters are world-class, constantly redefining genres and pushing creative boundaries. By establishing a direct footprint for Warner Chappell, we’re bridging the gap between local brilliance and global opportunity.”
The timing is no coincidence. According to CISAC, creator collections in India jumped 42 per cent year-on-year to Rs 7 billion in 2024, while IFPI ranks India as the 15th largest recorded music market globally. At the same time, the industry is undergoing a structural shift, with independent and non-film music gaining ground over traditional Bollywood soundtracks.
Warner’s bet is that a direct presence will help it capture this changing dynamic. The company is also offering India-based creators access to its proprietary tools, including AI-powered royalty matching systems and real-time analytics platforms, aimed at improving transparency and earnings visibility.
Warner Chappell Music co-chair and CEO Guy Moot said the move is about shaping a publishing ecosystem that “works for creators and ensures their music is heard, protected, and rewarded everywhere.”
Meanwhile, Warner Music Group CEO Robert Kyncl underlined India’s importance to the company’s global strategy, noting that the new structure creates a “unified powerhouse” for both creators and audiences.
With local studios, global reach, and tighter integration across its business lines, Warner is clearly doubling down on India. And as streaming habits evolve and independent music rises, the company is positioning itself to be not just a participant, but a key architect of the country’s next music chapter.
