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I&B Ministry

IBF readies guidelines to determine surrogate advertising

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NEW DELHI: The Indian Broadcasting Foundation (IBF), an apex body of broadcasting companies operating in India, has finalised a set of guidelines on ads which can be termed surrogate or otherwise. The document is likely to be circulated amongst the IBF members over the next few days for final approval.

The guidelines on surrogate advertising are an outcome of the recent government crackdown on channels that had been airing surrogate advertisements relating to liquor and tobacco.

However, the present set of IBF guidelines on surrogate ads relate to liquor ads only and the issue of tobacco ads will be taken up separately, an IBF source told indiantelevision.com today.

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The guidelines prepared by an IBF sub-committee, headed by Sandeep Goyal, group broadcasting chief executive of Zee Telefilms, lists out what could constitute a surrogate ad or which should be taken as genuine brand promotion.

For example, it is spelt out that if a certain liquor company is advertising a product that is available fairly easily in the country, then it should not be and cannot be termed as a surrogate advertising as it was a genuine promotion of a different product.

If these yardsticks are taken, then McDowell may get the benefit of doubt. The company’s ad on various channels feature the soda water which is now available in almost all parts of India. But Hayward’s 5000 beer may be given out by the third umpire. It is felt that the dartboards which Hayward’s is advertising is not so easily available for the ad to be not termed surrogate.

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The government had formed a body, headed by the additional secretary (broadcasting) in the I&B ministry, Anil Baijal, to look into the issue of surrogate and offending ads on various TV channels.

This government body since its formation has sent out show cause notices to most channels on surrogate ads relating to alcohol and tobacco products. While most channels have complied with the government panel’s directive, a few channels still air ads of a liquor company which purportedly makes apple juice too and after drinking the product `anything can happen (kuch bhi ho sakta hain).’

Meanwhile, the IBF is also in the process of finalising a set of programming and content guidelines to be followed. For this the regulatory mechanism and content code of various countries are being studied This set of guideline is expected to be ready by the month-end.

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I&B Ministry

MeitY proposes tighter rules for digital platforms and intermediaries

Fresh amendments aim to formalise government directions and expand content oversight.

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MUMBAI: When the rulebook gets an upgrade, even the internet might need to sit up and pay attention because India’s digital regulators are clearly not scrolling idly. India’s technology regulators have proposed a fresh set of amendments to the country’s digital media and intermediary liability framework, seeking to expand oversight of online content and formalise the government’s authority to issue binding directions to platforms.

In a notice issued on 30 March, the Ministry of Electronics and Information Technology (MeitY) invited public comments on changes to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The revisions are described as “clarificatory and procedural” but are clearly aimed at strengthening compliance and enforcement.

At the heart of the proposal is a significant shift in how intermediaries, including social media platforms, respond to government advisories. A newly inserted provision would make compliance with official “clarifications, advisories, directions, standard operating procedures and guidelines” a formal part of the due diligence obligations required for platforms to retain legal immunity under Section 79 of the Information Technology Act. This change effectively elevates government communications from guidance to enforceable obligations, tightening the regulatory loop between the state and digital platforms.

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The amendments also expand the scope of content oversight under Part III of the rules, which governs digital media ethics. The proposed revisions clarify that the code will apply not only to publishers but also to intermediaries hosting news and current affairs content uploaded by users. This could bring user-generated news content more directly within the ambit of regulatory scrutiny, a move likely to raise questions about platform liability and editorial responsibility.

Further, the government has proposed broadening the mandate of the Inter-Departmental Committee, a key oversight body. The committee would no longer be limited to adjudicating complaints but could also take up matters referred directly by the ministry. This shift signals a more proactive regulatory posture, allowing authorities to initiate reviews without waiting for formal grievances.

The draft builds on an already expansive framework. The existing IT Rules impose detailed due diligence requirements on intermediaries, including obligations to remove unlawful content within tight timelines, maintain grievance redressal systems, and ensure traceability in certain cases. Recent amendments have also introduced provisions addressing synthetically generated content, requiring platforms to label such material and deploy technical measures to prevent misuse.

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Officials framed the latest proposals as necessary to ensure an “Open, Safe, Trusted and Accountable Internet,” while improving “legal certainty” and the enforceability of regulatory directions.

Stakeholders have been invited to submit feedback by 14 April, setting the stage for what could become another consequential evolution in India’s digital governance regime.

In the fast-moving world of online content, these tweaks suggest the government is keen to keep the guardrails firmly in place – because when the internet grows wilder, even regulators feel the need to hit refresh on the rulebook.

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