Tags Freedom of speech and expression

Tag: freedom of speech and expression

August 25, 2021
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Freedom of Speech and Expression vs. Content Regulation...

The Government of India, in February 2021, introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) under the Information Technology Act, 2000 (“IT Act”), to regulate intermediaries, publishers and individual creators of news and current affairs content and online curated content. ......
May 19, 2021
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The Supreme Court Rules on the Quarrel Over Oral Remark...

The Supreme Court has recently, in the case of The Chief Election Commissioner of India Vs. M.R Vijaybhaskar & Ors. ("Judgment"), reiterated the inalienable right of the media to report oral remarks of judges during the course of any hearing. A bench, led by Justice DY Chandrachud, comprehensively tackled this precarious question which had found its way to the Apex Court. ......
May 18, 2020
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Hasmukh Gets the Last Laugh as Delhi High Court Dismiss...

As a general rule, it is frowned upon to bring disrepute to a person. That general principle is integral enough for the law to be concerned with it. The Indian Penal Code (“Code“) defines defamation as “making or publishing an imputation concerning any person, intending to harm, or knowing or having reason that such imputation will harm, the reputation of such person....
March 30, 2020
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Social Media Influencer’s Continuing Battle for Freedom...

On February 14, 2020, a Division Bench of the High Court of Bombay lifted an injunction granted to Marico Limited and permitted a social media influencer to post a video reviewing a Marico product, subject to few amendments in the video....
Social media influencers
January 21, 2020
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Social media influencers, freedom of speech and tradema...

In today’s hyper-connected world, social media influencing is one of the most impactful and effective ways of marketing and advertising. But while many of us are familiar with the hashtag culture and the drill used by social media influencers – ‘like’, ‘share’, ‘comment’ and ‘subscribe’, we do not necessarily understand who an influencer actually is....
March 20, 2019

Balancing Defamation and Free Speech Notes for the publ...

In what has been termed a “defamation blitz”, an Indian corporate house has filed at least 28 defamation suits in courts since January 2018, targetting media and publishing houses, journalists, authors and politicians. Four companies under the Reliance Group have filed these suits objecting to content and reportage published about the company’s commercial activities. This is part of a larger trend in India around defamation suits which raises many questions for publishing houses and authors. ...

PROTECTING FOREIGN INVESTORS: A FINE BALANCE

In a recent judgement, the Supreme Court ("SC") emphasised on the importance of protecting foreign investments while upholding the rule of law which states that a person is innocent until proven guilty. ...

Served or received, that is the question: an Indian trademark dilemma resolved

In a recent decision, the Delhi High Court highlights critical issues surrounding the service of notice in trademark proceedings. ...

SELF REGULATION IN THE DIGITAL AGE: INDIA’S NEW SELF REGULATORY FRAMEWORK FOR INFLUE...

In recent years, there has been a rapid expansion in the influencer marketing landscape in India, where social media influencers promote products and services across various platforms. This surge has led to challenges surrounding transparency, accountability, and consumer protection. ...

HYPERLINKING A DEFAMATORY ARTICLE: DEFAMATION OR NOT?

In a recent judgment , the Delhi High Court ("Court") has examined whether hyperlinking to alleged defamatory content would amount to republication and therefore give rise to a fresh action for defamation under Section 499 of the Indian Penal Code, 1860. ...

SEBI’s proposed amendment may allow start-up founders to retain ESOPs even after IPO...

The Securities and Exchange Board of India (“SEBI“) issued a consultation paper dated March 20, 20251 (“Consultation Paper“), proposing certain amendments to the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations, 2021 (“SBEB Regulations“), and inviting comments from the public on the same. ...

The Ghibli Effect: Blurring the Lines between Creativity and Copyright

The Ghibli-style trend sweeping through social media has raised key questions around copyright infringement, as discussed in this note. ...

Understanding the Consequences of Negligence in Patent Practices in India

The Controller General of Patents has ordered the removal of a patent agent from its register, following a committee report on his professional misconduct. The report was made following directions from the Delhi High Court in a case where the applicant raised concerns about their agent. ...

Beneficial Ownership Disclosure: Navigating Compliance Challenges in India

In today's world, transparency in business ownership is no longer optional—it is essential and moreover mandatory. The increase in economic crimes such as money laundering, tax evasion, and misuse of corporate structures has prompted regulators around the globe to tighten disclosure norms. ...

The RBI Updated Master Directions on Foreign Investment for 2025

On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ...