To expedite the process of content removal by digital intermediaries, the IT ministry (MeitY) announced changes to the IT Rules, 2021 on 22 October. The new regulations, known as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025, establish senior-level accountability and provide detailed guidelines for removing “illegal” content.
The revised regulations will take effect on November 15. According to the new regulations, which only apply to Section 3(1)(d) of the IT Rules, only specific high-level officials are now authorised to notify intermediaries to remove illegal content. This covers a senior official who holds a position higher than joint secretary. “Adequate government or its agency” was all that was mentioned in the prior version of the IT Rules. A takedown request may be made by a director or an officer of comparable rank acting through a single corresponding officer in the event that there is no joint secretary.
New IT Rules Put Bigger Scanner on Online Content
The new guidelines also provide police officers the authority to order takedowns. Social media platforms may receive such notifications from law enforcement agencies through a specifically authorised person who is not less than the rank of Deputy Inspector General of Police (DIG).
Additionally, an officer at least as high as the secretary of the relevant department will now periodically evaluate all such removal orders. According to the notification, this procedure was put in place to make sure that these notifications are appropriate, necessary, and compliant with Section 79(3)(b) of the IT Act. All such takedown requests must “clearly” state the nature of the illegal act, the particular identification (URL) or other electronic location of the information, and the legal foundation and statutory provision invoked, according to the new standards.
Weeks after social media site X’s appeal against the Center’s use of Section 79(3)(b) of the IT Act to prohibit content was purportedly rejected by Karnataka’s high court (HC), the revisions were made. The Centre seems to be simplifying the structure to avoid any legal problems, as the Elon Musk-led platform now intends to contest the decision.
New Rules Segregate Real from AI Content
The notification was sent out on the same day that the IT ministry requested public input on changes to the IT Rules, 2021, that would be made to combat deepfakes. The Centre intends to require all online platforms to identify all deepfakes and AI-produced content as “synthetically generated information” in accordance with the draft rules.
The government also intends to increase the pressure on big social media companies to ask users to confirm whether the stuff they publish is artificially created. Technical mechanisms, such as automated tools, must subsequently be put in place by these platforms to confirm that user assertions about AI-generated material are accurate. Legal repercussions and the loss of safe harbour protections will follow noncompliance with these suggested standards.
Quick Shots
•MeitY
notifies changes to the IT Rules, 2021 to streamline content takedown by
digital intermediaries.
•New
rules take effect from 15 November 2025.
•Police
officers, via designated authorities of DIG rank or higher, can also order
content removal.
•Department secretaries or
equivalent will review all takedown orders for appropriateness and
compliance.
They are cool, young, smart, working-from-home individuals who have money, fame, success, and notoriety. They are the new-age professionals called social media influencers. These social media influencers are students who are either still studying or have left their education or have studied to become an influencer. They are a different breed from the traditional influencers who were either social activists, intellectuals, politicians, or change-makers in society.
As per Meta (formerly Facebook), they have seen a year-on-year rise of 35% in the number of social media influencers in India as of September 2021. One of the fastest growing industries globally, the influencer marketing industry in India has valued at INR 900 crores and is expected to grow at a CAGR of 25% to reach INR 2200 crores by 2025.
Reasons for the Rising Popularity of Social Media Marketing
1. Targeted Audience
This is one of the biggest advantages for brands as they can choose influencers based on real-time data. Brands can access the age group that the influencer is targeting, their interests, gender, etc. Celebrity marketing on television targets a wide section of the audience without understanding its relevancy.
2. Cost Effectiveness
This is the bottom line for any business. As an industry, influencer marketing is in a nascent stage and the competition between influencers affects the cost of collaborations. Brands are able to collaborate with many influencers with the same budget and reach a more relevant audience. The value for money in this case is higher.
3. Ease of Platform
Instagram, YouTube, or Tiktok as platforms are free of cost. Brands can advertise their products either with a single photo or a video that reaches audiences without it weighing heavily on the company’s pockets.
4. Trust
Influencers have already built a loyal audience that trusts them. Brands depend on this trust that is automatically transferred to them on the influencer’s advice. Influencers are protective of their audience and are wary of promoting products that are questionably in quality.
The Growth of Influencer Marketing in India
Social Media Influencers Demographics
It was in the year 2014 when the concept of Branded Content came into existence around the world. In India, 2016 was the year when social media influencers gained prominence as brands began considering influencer marketing as a strategy. Niche marketing and content-driven marketing were formulated and utilized. Brand success suddenly depended heavily on a combination of the authenticity of the product and the credibility of the influencer.
The sharp growth of influencer marketing and brand collaborations on apps like Instagram and YouTube was seen in the year 2019. Since then, it has steadily grown as brands have shown a growing preference for collaborating with influencers on the internet rather than proceeding with celebrities for television advertisements.
By 2021, Influencer marketing on social media has taken over 73% of the market share leaving only 27% for celebrities. Additionally, the behemoth has grown from traditional sectors like food and beverage, personal care, fashion, and technology to now include sectors like BFSI and fintech too.
How do Influencers Help
Influencers affect all the levels of the funnel metrics including lead generation and conversion. They drive user engagement by using social media tools like sharing links to product pages, using influencer-specific discount codes, and posting reviews of true use. Brands can trace the influencer by their efforts to generate leads or encourage sales.
Even within the BFSI sector brands are collaborating with influencers as people are increasingly relying on them to understand personal finance, discover new BFSI services as well as make important financial decisions.
Over the years, brands have come to heavily rely on value addition through influencer marketing which is much higher than other marketing gimmicks. As per the India Influencer Marketing Report of 2021, 80% of the brands that have collaborated with influencers are of the opinion that the return on investment from influencer marketing is better than other marketing channels.
Governing the Influencer Marketing Sector
Rules for social media influencers, up to $62,000 fine for failing to disclose financial ties
With the sector growing leaps and bounds, there are genuine concerns regarding dubious market practices in absence of any governing body for Social Media Influencer Based Marketing. In July 2021, the Advertising Standards Council of India (ASCI) had begun monitoring digital and social media platforms in an effort to reign in violations of its Influencer Advertising Guidelines.
By May 2022, ASCI along with the Department of Consumer Affairs held a virtual meeting with the stakeholders including e-commerce entities, to discuss the magnitude of fake reviews on their platforms.
As early as last week, the central government has decided to introduce a new set of guidelines for social media influencers in an effort to regulate the sector by introducing transparency of collaborations. The new guidelines are likely to be rolled out within the next two weeks. Among other regulations, the government will make it mandatory for social media influencers and creators to disclose their collaborations for paid reviews and paid promotions. The guidelines would also penalize the creators and influencers up to INR 50 lakhs for non-disclosure of financial ties with brands.
What are the Influencers saying about Guidelines?
The central government’s move to introduce these guidelines has met with unanimous consent from several content creators and influencers. They feel that these guidelines will encourage transparency in sponsorships as well as induce responsibility in large platform product promotions and curb scams. This move will also bring more clarity to users while recognizing social media influencers as legitimate professionals.
Conclusion
Influencer marketing in India will grow and continue to evolve as more and more brands are utilizing this platform for brand awareness and customer acquisition. With India’s vibrant startup ecosystem and bigger established brands looking to expand their customer base, influencer marketing is set up for a bright future as it continues to innovate and upgrade itself.
FAQs
Can we regulate influencer marketing?
The government is set to introduce rules to regulate social media influencers, including penalizing them by as much as ₹50 lakh for failing to disclose financial ties with brands, Central Consumer Protection Authority (CCPA) chief commissioner Nidhi Khare said.
What makes a good social media influencer?
The best influencers engage with their audience, take time to answer questions, stay active on their respective platforms and publish content consistently.
What kind of content do influencers post?
Nowadays, video is perhaps the most popular kind of content they post.
What content is not allowed on Instagram?
Instagram is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling non-medical or pharmaceutical drugs are also not allowed.
As the digital revolution took over the regular life of people by storm, there are not many areas that remain uninterrupted by it. With the huge impetus given to Digital India by the Government of India, the domain of finance and accounting has also undergone tremendous changes.
Beginning with online payment with the help of UPI, it has gone to newer avenues, wherein digital platforms offer credits to the user. It is widely called digital lending. Using the technology of credit assessment and authentication, websites and apps these days allow their users to lend money. Today, banks are not far behind in this domain. They have come up with their own digital lending platforms. Their experience in traditional lending further gives them the edge to sustain themselves in the market.
In India, a large section of the society depends on the unorganized sector for credit which cracks down on poor farmers and micro enterprises with their high rate of interest. In that regard, the popularity of digital lending has, in fact, bought in financial inclusion meeting the hitherto unmet credit requirements of the people. As digital lending got more popular, it became necessary to keep a check on the activities that are taking place in this domain.
The Reserve Bank of India, in August 2022 released guidelines on digital lending so as to ensure the smooth and safe conduct of transactions through digital platforms. This article will look at important parts and implications of the guidelines issued.
The Reserve Bank of India has issued these guidelines keeping in mind the lending ecosystem of Regulated Entities (RE) and Lending Service Providers (LSP). They have classified digital lenders into three different groups. Firstly, those entities that are regulated by the Reserve Bank of India for lending business in itself.
Secondly, those entities authorized to carry out lending are based on the statutes and regulatory provisions of certain other bodies but are not managed by the RBI.
The third groups include those entities that are outside the purview of any kind of regulatory or statutory provisions.
All those lending groups that do not come within the discretion of the above-mentioned categories are free to formulate their own rules and regulations alluding to the recommendations of the working group.
Let’s take a brief look into the highlighting aspects of the guidelines:
Payments
The guideline mandates that all digital transactions should be made between the bank accounts of the regulated entity and the borrower. It should not include any third party or pool account. When they say Regulated Entity, it means any banking or non-banking financial company.
With regard to the payment of fees during the credit intermediation process, the guidelines clarify that the payment is not to be made by the borrower but should be made by the Non-Banking Financial Companies (NBFCs) i.e, the regulated entities.
If at all there are any penal interest or charges, they are to be disclosed in the key fact statement (KFS) on an annual basis and should be based on the outstanding amount of the loan.
Data Privacy
Data Breaches Worldwide
Data privacy is one of the most concerning thoughts in today’s digital world. The guidelines carefully address this issue by delineating that the usage of user information should be need-based. The digital lending platforms are barred from accessing the user’s files, contact lists, call logs, media, and other telephonic functions.
However, they can have one-time access to their camera and microphone to complete their KYC procedures. This will be possible only after the explicit consent of the customer. Additionally, the guideline also states that the user has the option to deny access to certain data, restrict disclosure of certain information to any third party and deny data retention. The user can also revoke the consent given later if they feel so. They can also delete the application and forget the data when it is being uninstalled or deleted.
While signing up, the digital lending platform needs to disclose the credit limit information related to product features and the related costs. It includes the disclosure of the all-inclusive costs of digital loans in the form of Annual Percentage Rates (APRs). The guidelines also prohibit these platforms from increasing the credit limit without the consent of the borrower.
Reporting Lending to CICs
Any form of lending carried out through Digital Lending Applications (DLAs) of RE or LSPs is to be reported to the Credit Information Companies (CICs) irrespective of their tenure or nature.
The guidelines extend these requirements even to those lending carried out through Buy Now Pay Later model. This is with regard to the provisions of the Credit Information Companies (CIC) Regulation Act, 2005, issued by the Reserve Bank of India at regular intervals.
Options to Exit Loans
The RBI guidelines give the user an option to exit the availed digital loan by paying only the principal and proportionate APR without paying any fine within a stipulated time called the cooling-off period or look-up period. The cooling-off time is determined by the boards of the respective regulating entities. Such a time period should not be less than three days for loans having a tenure of seven days or more and one day for loans having a tenure of fewer than seven days. For those borrowers, who continue even after this period, the provisions of pre-payment will be continued based on the extant RBI guidelines.
Grievance Redressal
Every Regulated Entity (RE) and Lending Service Provider is required to appoint a grievance redressal officer. They are supposed to address the FinTech and Digital lending-related complaints issues, faced by the customers.
Apart from that, the issues related to one’s own Digital Lending Applications are also to be addressed by the officer. Apart from facilitating the option to lodge complaints, the contact details of the respective nodal grievance redressal officer have to be visibly displayed on the website of the regulated entity.
To further foolproof the grievance redressal system, RBI allows the user to file complaints through the Complaint Management System (CMS) portal under the Reserve Bank-Integrated Ombudsman Scheme (RB-IOS) in case the complaint is not resolved within 30 days of filing.
The development of technology services has tremendously contributed to the mushrooming of Digital Lending Services, which gained quick popularity among the young and middle-aged population alike. While such schemes have been helpful to a lot of people, it has also resulted in many unethical and fraudulent practices, wherein users get scammed.
Apart from that, various platforms also use this service as a way to charge exorbitant interest rates from users. It is in such a context that the guidelines released by the RBI become all the more relevant. There was a need to manage and control the proliferation of this budding service. These guidelines will ensure that lending through digital platforms happens responsibly wherein both the parties benefit from the advancement of fintech facilities.
FAQs
When and where was RBI established?
The Reserve Bank of India was established on 1st April 1935, in Kolkata.
Where is the central office of RBI?
RBI headquarters is currently located in Mumbai after it was shifted from Kolkata in 1937.
Who is the current governor of RBI?
Shaktikanta Das is the present governor of RBI.
When did RBI release Guidelines for Digital Lending?
RBI released the Guidelines for Digital Lending in August 2022.
OTT platforms or Over-The-Top platforms have gained popularity across the globe, especially since the pandemic. OTT services allow access to all the contents including movies, TV shows and other forms of entertainment through the help of the internet.
The advent of OTT platforms has bypassed the requirement of cable and satellite systems for streaming. Today these services can be accessed through any electronic devices that are connected to the internet including computers, set-top boxes, smart TVs etc.
For a long period of time, content creation through OTT platforms has been largely out of the ambit of any form of censorship. Therefore these platforms have been able to showcase content that was controversial and groundbreaking.
As the popularity of these OTT platforms increased and the inflow of content in them increased, the government decided to step in. In February 2021, the government of India notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 so as to control the contents of these online platforms.
The regulations have a self-regulatory architecture with a three-tier grievance redressal system. In the first level, it is their self-regulation by their expected entities followed by the self-regulation that is exercised by the regulating bodies of these entities and then an oversight mechanism carried out by the central government.
One of the main reasons why the IT rules were introduced was because of the immense impact that various OTT platforms and social media had on the citizens of India. According to the government, these regulations are to keep an accountable control over the spread of dissent material, pornographic and other immoral and illegal activities as represented through these platforms. Moreover, it is also an attempt to reduce the menace of fake news.
As far as the OTT platforms in the light of the new IT rules are concerned, they were supposed to bring in a lot of changes including self-regulation into their ambit.
One of the changes that they ought to bring is the age verification mechanism that has to be done for content that is classified as ‘A’. These platforms have to follow a prescribed code of ethics, classify their content as universal, adult et cetera and develop an oversight mechanism that functions under the supervision of the information and broadcasting ministry.
One of the major reasons that OTT platforms and social media have got popular in the last few years is because of the fearless, safe space for the consumers. It has become a site for prolific content creation and self-expression. It cannot be denied that such freedom has had its own negative impact on the consumers of this content. However, blanket control over these mediums in itself cannot be healthy.
When there is government supervision over what is being done, it was only inevitable that there will be an ideological bias at different levels. It can have an adverse impact on the creative freedom of the respective creators directly and indirectly.
Subsequently, those daring contents that used to reflect the realities of society will have to take a back seat. One cannot ignore the extent of control that these regulations exercise the right to dissent.
Although the government has deemed these rules as progress and liberal, the rules also insist that the Significant Social Media (SSM) should remove the ‘unlawful’ contents within 36 hours of raising the issue. These rules are not only applicable to social media like WhatsApp and Twitter but also the OTT platforms.
Decreasing Charm of OTT Platforms
As far as the OTT platforms are concerned, one needs to look at the future of their USP. A thing that made these platforms stand apart was the variety and nature of the contents. They were not available through the general cable TV channels nor in theatres.
These platforms have become conduits of bringing quality content into the living rooms of interested audiences. They were developing as a democratic platform wherein people without a well-established fan base can pitch in their content in an efficient manner. However, with the imposition of ethical moral codes on the OTT platforms, these distinct features are going to be blurred.
A Popular Web series on Netflix – Sacred Games
There will be only one-sided, supervised and biased content that won’t have anything much to offer. Over time, we can witness the OTT platforms becoming just another replica of all the censored contents that were available before the advent of these platforms.
According to Sidharth Anand Kumar, the Vice President of Saregama Films and Events, “OTT is getting more popular and becoming a mass medium, there needs to be an onus placed upon makers and businesses to adhere to certain norms of civility but it is a slippery slope. Stories are a reflection of our life and times, and excessive censorship makes them seem fake and unreal, which drives audiences away due to a lack of authenticity. I’ve always felt that proper certification and even “trigger warnings” are a much better way to protect the interests of the business as well as the creative community and audiences”. However, these opinions become a feeble cry as long as the word ‘censorship’ is loosely defined.
Revenue generation is the most important part of a company’s sustenance, the OTT platforms will have to rely more on the advertisements than on content curation in itself.
Censorship v\s Quelling Dissent
The Information and Broadcasting ministry has made their rationale very clear to the citizens/ They believe that “All media must have the same justice system”.
It was when the idea of self-regulation by digital platforms failed that the government decided to step in to develop an institutional mechanism for the newly sprouted media. However, the ways in which the authenticity and freedom of content creation will be put in a tough spot is very evident with the extent of banned shows and series that had good viewership earlier.
One of the major examples is the pulling down of the popular series called ‘Bad Boy Billionaires’ from Netflix. The idea of censorship should be differentiated from the right to dissent. If not used categorically the OTT regulations can be misused as a way to water down opposing opinions in the name of censorship.
It is true that all media platforms should be under some control and oversight mechanism to prevent the spread of xenophobic and anti-national content. However, it should be clearly negotiated through very relevant aspects like freedom of expression and creative independence.
FAQs
What are OTT rules?
OTT rules are IT Rules introduced by the Indian government to regulate the content on ott platfomrs.
Is there any censorship on the OTT platform in India?
Yes, IT rules were introduced in 2021 to regulate OTT platforms.
Why should OTT not be censored?
OTT platfomrs should not be censored as it will end the creative freedom of ott platfomrs and will interfere with the content that viewers will consume.
Gold is considered to be a safe haven for the majority of the Indian community and the households would consider investing in Gold and prefer investing in the yellow metal than any other asset class. The Indian households consider it to be the safest form of investment and using the jewellery gives them a pride in the society. Gold is much more than an investment option for an Indian household. In this article let’s look at the new gold hallmarking guidelines.
The Union Ministry or the consumer affairs, food and public distribution had conveyed on 16 June 2021 that Hallmarking on gold jewelry and other related items is going to be mandatory from the proposed date.
It is conveyed that the ministry had also issued particular guidelines in regards to hallmarking based on a lot of consultations with the stakeholders. The Government of India has passed on the message that the initial implementation of the guidelines will be a phase wise plan covering around 256 districts as part of the plan.
Piyush Goyal who is the Union Minister of India had conveyed through Twitter that mandatory hallmarking in 256 districts will be implemented from the date of 16 June 2021 as a part of continuing the Government’s plan to try and achieve better protection and satisfaction for the customers.
What are the new Gold Hallmarking Guidelines?
According to the new guidelines laid down by the Government, the jewelers who have an annual turnover of up to INR 40 lakh will be exempted from the hallmarking rule that is mandatory.
The release had conveyed the message that hallmarking would be initially started with 256 districts of the country. The 256 districts are said to have marking centers. The release also added that the jewellers who have a turnover of up to INR 40 lakh will be exempted from the mandatory hallmarking.
The release also conveyed that there will be an exemption for the jewelries such as export and re-import of jewellery as per the Trade Policy of Government of India – Jewelry for Government, Approved B2B domestic exhibitions and jewelry for international trade exhibitions from mandatory hallmarking.
The ministry conveyed that Gold of additional carats such as 20, 23 and 24 will be allowed for hallmarking. Consumer items such as watches, fountain pens and other special types of jewelries such as Kundan, Polki and Jadau will be exempted from the hallmarking.
The Government has conveyed that in a move to provide an additional set of time to the manufacturers, wholesalers and retailers of gold jewelry there would not be any penalties implemented until the end of August 2021. Jewelers will be able to buy back the old jewellery from the customers that do not have a hallmark.
The old jewelry can be hallmarked by the jewelers as it is if that is possible by the jeweler or they can melt it and then get it hallmarked.
Under the Hallmarking scheme of the Bureau of India standards (BIS), the jewelers are registered in order to sell the hallmarked jewellery and recognize testing and hallmarking centers. The BIS hallmarking regulations were implemented from the date 14 June 2018.
Hallmarking will enable and help the consumers to make the right choice while buying a jewellery and will also help in saving them from any sort of unnecessary confusion while buying gold. The ministry had conveyed that as of now only around 30% of the Indian gold jewelry is hallmarked.
This step is expected to make India as a leading gold market center in the world and hallmarking of jewellery and artifacts is necessary to enhance the credibility of Gold jewellery and the satisfaction of customers through the assurance of a third party for the marked purity or fitness of gold for consumer protection.
Hallmarking centers in India
It is to be seen that there is an increase in the number of Assaying and hallmarking centers in the country of up to 25 % and the ministry added that the number of the AH centers have increased from a count of 495 to 945 in the period of last 5 years.
The ministry added that as of now there are around 940 active Assaying and hallmarking centers and in that around 84 AHCs are set up by the subsidy scheme that was provided by the Government in various districts.
The assaying and Hallmarking centers has the capacity to mark around 1500 articles on a daily basis and the Government has conveyed that the AHCs has the capacity to hallmark around 14 crore articles on a yearly basis.
The consumers who possess the old jewellery will not have to be worried regarding the new hallmarking guidelines. The newly issued guidelines are only for sellers and not the individual owners or the retail owners of the jewelry.
The objective of the Government is to increase the credibility and the quality of the Gold purchases. The Government has conveyed that they would be forming a committee that will represent all stakeholders, revenue officials and legal experts in order to into the various problems that may possibly come into effect during the implementation of the scheme.
Conclusion
This move from India will be recognized in the world market and the country would be recognized in the global market. India has around 4 lakh jewelers according to the World Gold Council and out of these only 35,879 jewelers have been BIS certified.
FAQ
Which Hallmark is used in gold?
The BIS hallmark is used for gold hallmarking in India. It certifies that the piece of jewellery conforms to a set of standards laid by the Bureau of Indian Standards, the national standards organization of India.
What is the meaning of Hallmark Gold?
Hallmark gold is nothing but the certified gold. The Bureau of Indian Standards (BIS) stamp a certificate of purity and fineness of gold which is called as hallmarking.
How can you tell if gold is Hallmark?
Check the hallmark sign that consists – The BIS (Bureau of Indian Standards) mark denoted by a triangle, the caratage (22K915) showing the purity, the mark of the jeweller and that of the AHC and year of hallmarking.
OTT platforms have been growing in India at a fast pace. The OTT market in India is expected to emerge as the world’s sixth-largest by 2024. The OTT market is also expected to grow at a CAGR of 28.6% in the next four years. There are currently about 40 providers of over-the-top-platforms (OTT) in the country.
India saw a 30% rise in the paid subscribers on OTT platforms. The total number of subscribers is now at 29 Million (around INR 212 crores). The increasing viewership and the exponential growth of the OTT platforms in the country have led the government to put in new rules and regulations for the OTT platforms. The government wants OTT platforms to be accountable for their content.
The recent issues by certain communities on the web series released by the OTT platforms and considering various other reasons, so the government has come up with the new regulations and rules.
OTT platforms will have to formulate a grievance mechanism which will consist of three levels. The rules require two levels of self-regulation.
First level
First level is a self-regulation by the OTT platform by appointing a grievance redressal officer. The officer will be responsible for redressals from various individuals. This will be part of the OTT platform.
Second level
Second level is an institutional self-regulatory body. It will comprise the industry experts in the field of OTT. This self-regulatory body will be headed by a retired supreme court or high court judge. It can also be headed by other famous or respected personalities in the relevant industry.
Third level
Third level is a regulatory body which will be interdepartmental. The committee will be set up by the government. This committee will hear the appeals arising out of the decisions taken at the second level. This regulator body will also take up complaints referred by the Ministry of Information and Broadcast (MIB).
The Ratings
Last year the government had issued rules to provide ratings for the OTT contents proposed by IAMAI (Internet and Mobile Association of India). They will be similar to the age-sensitive categorizations which are U/A, U/A7+, U/A13+, U/A16+, etc.
The OTT platforms are required to self-categorize the contents on these five age-based categories. It is an initiative by the government to bring in censorship to the OTT platforms.
The OTT platforms are required to differentiate all films, series, and other shows based on certain parameters.
First parameter
First Parameter would be the age of the viewers. The OTT platforms will have to classify their contents based on a different age. This is mainly to avoid children from watching A-rated films, series, or other shows.
This method is already part of the movies released in the theatres. An individual who is below the age of 18 will not be allowed to watch an A-rated movie in a theatre.
Second parameter
Second parameter would be according to the themes and messages. Again, it is a step by the government to ensure that the children are watching relevant content.
Third parameter
Third parameter would be to classify the OTT contents would include based on violence, nudity, sex, language, substance abuse, horror, content, tone, and impact the target audience
Fourth parameter
Fourth Parameter would be enabling of parental locks. Certain OTT platforms like Netflix already have parental lock enabling features. With the introduction of these new rules, it will be mandatory for all the OTT platforms to provide a parental lock for their contents. Parental locks are supposed to be activated for contents classified as U/A 13+ or above.
Dealing with complaints of the users will be a big challenge for the OTT platforms in India. India has a diverse culture and beliefs. A certain community would find an issue with a content while others would be fine with it. The demand will differ according to the communities.
It is not clear how OTT platforms are expected to practically address grievances from different users. While some content may be found offensive by a certain community, it would be popular among the other community.
FAQ
What is an OTT platform?
OTT (over-the-top) is a means of providing content over the internet at the request and to suit the requirements of the individual consumer.
How many OTT platforms are there in India?
There are currently over 40 providers of over–the–top media services (OTT) in India.
Is YouTube an OTT Platform?
Yes, YouTube comes under OTT Platform.
Conclusion
The oversight mechanism introduced by the government will increase the power of government in the overall operations of the OTT platforms in India. However, an institutional self-regulation mechanism will help the users to express their concerns. It will help them express it through a formal channel within certain time frames.
The fine print of the rules is yet to be made public. Some experts said that regulation of OTT is considered Unconstitutional. It is expected that India’s new rules on the OTT platforms will increase the content-related quarrels.
Until now the content on the OTT platforms like Netflix, Amazon Prime, Hotstar, etc. was unregulated, it wouldn’t be the same moving forward.
The government had issued new rules and guidelines for the social media intermediaries and social media platforms in the country. On 25 February 2021, the Ministry of Electronics and Information Technology has announced its draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, for social media platforms.
Ravi Shankar Prasad announced during a press conference that these rules are not a newly framed one but were already the existing ones under the IT act. He also said that he is trusting the platforms to follow these rules. Self-regulation will be the focus of these guidelines.
The rules have provided a difference between significant social media intermediaries and regular social media intermediaries. The new guidelines for the social media platforms are:
Social Media Platforms with a minimum of 50 Lakh registered users in India are under the group of significant social media intermediaries. They are subject to maximum compliance.
However, the government wants other Social Media platforms to comply with the rules and regulations applicable to these significant social media intermediaries. That is only if the services of these platforms create a risk in the integrity and sovereignty of the country.
The government wants social media platforms to come up with a mechanism where users can express their complaints. It wants Social Media intermediaries to have the following:
Chief Compliance Officer– The Chief Compliant Officer will be responsible to maintain compliance with the rules and Acts.
Nodal Contact Person – The Nodal Contact person will be responsible for maintaining contact with the law enforcement agencies (the government) 24/7.
Resident Grievance Officer– The Resident Grievance Officer will be responsible for managing the grievances from the users and is expected to perform the functions that are mentioned under the mechanism of Grievance Redressal.
All the above mentioned officers have to be a resident of India. Even the significant social media companies are supposed to have a physical contact address in India. This will create an impact for the foreign players because they will have to set up an infrastructure and extend resources and taxation.
The government says it is a step to strengthen social media users and other intermediaries. The government wants a Chief Compliant Officer even for significant social media companies. According to the new guidelines the companies will need to publish a monthly compliance report as well.
Ravi Shankar Prasad, the Union Minister said that “If there are complaints against the dignity of the users, particularly nudity, women that exploit their private parts or of any other individual, sexual acts, impersonation, etc. should be removed within 24 hours.”
The significant Social Media intermediaries are expected to come up with technology-based measures, automated tools to identify abusive contents and information, child sexual abuse, rape, or any other information which was previously removed.
The rules also require significant social media to track the origin of a message. They are supposed to track the “first originator”. This means that your messages wouldn’t be end-to-end encrypted anymore. The Social Media apps like WhatsApp, Telegram, etc. will be forced to break their end-to-end encryption.
The government has said that they are interested in the content of the message but they would want to know who created it. This will be mainly concentrated on messages which are passed on related to the security and sovereignty of India, public order, or concerning rape or any other sexual content.
The government wants the social media intermediaries to disclose the “First originator” of such messages.
The significant Social Media intermediaries are supposed to provide a system for the verification of users. For example, through mobile numbers. It is on a voluntary basis.
According to the rules, “users who wish to verify their accounts voluntarily shall be provided with an appropriate procedure to do it. They will be provided with a demonstrable or a visible mark of verification with a tick or a dot.
It can be a setback on the user’s privacy even though the verification is on a voluntary basis. The user’s information that is collected can become a part of the privacy policy which the social media platforms have the right to use. The users wouldn’t have an option. They will have to consent to the platform’s privacy policy.
FAQ
Who regulates social media in India?
Ministry of Information and Broadcasting regulates social media in India.
What is the most used social media platform in India?
Facebook is the most used social media platform in India.
Which social media company Facebook owns?
Facebook currently owns Instagram and WhatsApp.
Conclusion
Even though after the implementation of the new guidelines, foreign players would still be interested in setting up their business in India because there is an absence of a registration or a mandatory licensing framework for the digital media business. The rules will be put in effect once it is published in the gazette. The additional due diligence which is meant for the significant social media intermediaries will come into effect 3 months after the publication of these rules.
Digital Media – something that has changed the idea of marketing and advertising over the decades. It can be safely put that digital media’s growth is that of a dorky teenage kid who’s just been hit by puberty. It now has become an independent platform for digital content creators and advertisers alike. Audiences have gravitated to digital platforms because they have been devoid censorship and have provided authentic and raw content over the last decade. Same goes for marketing and advertising. Digital media includes gamification, teasers, promotional blogs, sponsored posts, websites, apps, you name it.
The social media influencer businessis rocketing sky high as brands are pursuing and collaborating with these audience-attracting magnets to push their products from smartphone screens, straight to their doors. Marketers and advertisers are weighing in for audience friendly faces who create quality content that is potent and niche. But how do we know that the services or products being endorsed on the social media platforms are genuine? How authentic are these influencing accounts? There is a blurry line between a paid ad and a generic post. to comprehend this difference certain draft containing guidelines was introduced earlier this week, the digital media influencer guidelines.
Reason to Introduce the Digital media Influencer Guidelines
Advertising Standards Council of India (ASCI)
To distinguish between what is an authentic opinion or a strategic product placement, the self-regulatory Advertising Standards Council of India (ASCI) drafted the guidelines for “Influencer advertising on social media” in February 2021. So what are these guidelines and what are the gains for the consumer and the influencer? Read on to find out.
ASCI guidelines for Influencers on Digital Media
The main motto of the draft is to distinguish between genuine and fake influencers and to make the consumer a little more attentive. It aims to protect the average consumer from plagiarized or low quality services or products. Lets dive straight into it.
The draft asks the influencer to specify that an ad is an ad. You need to disclose:
What: clarification that the piece of communication is an ad
Why: it shouldn’t be rocket science for an average consumer to identify that a video/post is an advertisement.
How: by using disclosure labels that state the post is an ad.
When: Upfront, before further engagement of the viewer/reader/consumer.
Who: the responsibility is upon the respective influencer/advertiser/publishing account.
Digital media influencers are now required to post any brand endorsements along with disclosure labels such #ad, #promo, #collab, #sponsored and #partnership.
These disclosures are to be made upfront that is in the first two lines of the post or caption and has to be a part of the posts/images in case of stories or feed posts.
The disclosure has to be in English or the language (regional) that targets a specific audience and should be in a way that is understood by the average consumer.
In case of audio media, the disclosure has to be announced clearly at the beginning and at the end of the audio.
The draft discourages usage of filters which might enhance the look of the product, e.g.-makes teeth whiter or makes skin a shade fairer.
Due diligence about any technical or performance claims made by them such as 2X better, effect lasts for 1 month, fastest speed, best in class etc. Evidence of due diligence would include correspondence with the advertiser or brand owner confirming that the specific claim made in the advertisement is capable of scientific substantiation.
Influencer’s Take on ASCI Guidelines
When the guidelines were drafted earlier this week, there have been mixed reactions from various digital creators and industry participants.
Kunal Kishore Sinha, Co-founder of influencer marketing startup ClanConnect, says, “ASCI’s newly issued guidelines for influencer marketing will unlock a wealth of new opportunities for the fast-evolving segment that will result in positive outcomes for the sector in the long run.”
Aayush Tiwari, Head of Talent Acquisition, Monk Entertainment
“I believe that the latest issued ASCI guidelines is a good step to secure the future of now one of the most popular ways of brand promotions – influencer marketing. As the guidelines states, consumers, here disguised as a follower, should have all the rights to know what’s being uploaded organically and what’s a paid advertisement. This declaration also will motivate the influencer to study about the brand/product and investigate their claims before they go all out publicizing them. Post formulation we’ll surely see less cases of misleading advertisements, safeguarding both the consumer spends and influencers getting caught off guard for their claims.”
“..Different rules for different content types and platforms would be very difficult to follow and even difficult to regulate as drafted by the ASCI. Other guidelines suggested by ASCI such as non usage of filters when referring to ‘whiter teeth’ and claims such as 2x better, are in the favor of the consumer. As a creator we always look into these claims before highlighting it in our branded content, but unfortunately i see ads on television not following such norms which are regulated often but also are not followed by many brands… The rise of influencer marketing and its potential is huge and yes, there should be guidelines in place but the guidelines should also not hinder content viewing experience. Working with platforms is a better way to start and content creators also should work with brands with their due diligence keeping their viewers in mind.”
BeYouNick aka Nikunj Lotia, Digital Content Creator
“This is a welcome change. Many brands have their own directions when they do sponsored posts like mentioning them, putting a mention on copy or a link etc, this brings them into a common operating guideline of what to use and when. It’s a great starting point but it will probably also evolve from here onwards. Digital content creators have their own format of content, some do travel, some practice a skill, some entertain, brands are often involved in specific parts of the content instead of the content at its entirety. It can get confusing or misleading for the audience there. For instance, if I was wearing a jacket bartered with a brand on my road trip where I perform, my performance isn’t really a brand partnership.”
There are a lot of ways in which these guidelines may be perceived. The draft has provisions for any suggestions or feedback until 8th March 2021. The final guidelines are to be issued by 31st March 2021. The influencers would be complied to imply these guidelines on all promotional posts made on or after 15th April 2021.
As a part of the guidelines, influencers need to take note of events where there will be a requirement for these disclosures:
If it’s an ad for your service/product or a contest run by you.
When you’ve received payment/barter for promoting a product or service.
If you are willing to accept fees/service/discounts/hospitality in exchange of the promotion.
Final words – What is in it for Everyone?
The guidelines are only meant to promote authentic and genuine marketing. Advertising agencies will be able to create long term engagements with their respective ambassadors and the trust and brand loyalty could be kept intact.
As for the consumers, they will be able to distinguish between fake and genuine influencers and be seldom hammered with misleading ads and endorsements.
Digital media and the marketing gimmicks have proven to be so potent in nature as it doesn’t cost them a fortune anymore and reaches a wider spectrum of consumers. Everyone is glued to their screens and the marketing industry uses exactly this to screen through their target audience. Every brand is resiliently battling for the consumers’ attention and feeding off of the time spent by the consumer on social media. To wrap it up, we can say that guidelines will help regulate the faux and authenticity will prevail.
