Technology, Media and Telecom

The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ......

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

Artificial Intelligence ("AI") holds transformative potential for India’s economy and society. However, this power also brings legal, ethical, and regulatory challenges that necessitate a comprehensive governance framework. The "Report on AI Governance Guidelines Development" ("Report") outlines India’s roadmap for addressing these challenges through a legally sound and inclusive approach. ......

The Supreme Court of India ("Court") adjudicated a Public Interest Litigation ("PIL") that was filed by the Hindu Sena Samiti, on November 14, 2024. The petitioners raised concerns about inflammatory statements made by various political figures, alleging that such statements threatened public order and national security. ......

The Supreme Court of India (the "Supreme Court") passed two interim orders in October 2024, both of which ruled in favour of journalists against whom FIRs have been filed. In both instances, the FIRs were registered against the journalists for writing articles, alleging that the Uttar Pradesh Government favours individuals from certain castes for their appointment to administrative posts. ......

Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. ......

On September 19, 2024, the Department of Telecommunications, ("DoT") issued the Telecommunications (Right of Way) Rules, 2024 ("RoW Rules") under the Telecommunications Act, 2023 ("Telecom Act"). The RoW Rules, which will come into force on January 1, 2025, seek to regulate the establishment, operation and maintenance of underground telecommunications infrastructure. ......

In a recent judgment, the Delhi High Court ("Court") dealt with the emerging issue of social media influencers commenting on topics they are unqualified to discuss, particularly when such comments have the potential to harm a brand's reputation. The case of Zydus Wellness Products Limited v. Mr. Prashant Desai , highlights the growing responsibility of influencers. ... ...

In January 2024, a division bench of the Bombay High Court consisting of Justice G. S. Patel and Justice Neela Ghokale (the "Division Bench") pronounced a split verdict in the case of Kunal Kamra v. Union of India & Ors. In the said matter, the constitutional validity of the amendments made to Rule. ......