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Aarushi Jain

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Partner in the Technology-Media-Telecom (TMT) Practice at the Mumbai Office of Cyril Amarchand Mangaldas. Aarushi heads the Media, Education and Gaming Practice at the firm. Over the years, she has advised several clients including production houses, new media platforms, K-12 schools and Universities, EdTech and Gaming Platforms,  IT, and New Tech businesses,  Indian and domestic, with a variety of legal, commercial and regulatory issues. She has also been involved in advising clients on cross border structuring, joint ventures and M&A deals in media, education as well as gaming space. A tech enthusiast at heart, Aarushi loves to talk about convergence of tech and media, policy reforms, as well as new age issues including those of AI, NFTs and Metaverse. She can be reached at aarushi.j@cyrilshroff.com

Dark Side of Advertising: Decoding Dark Patterns for Platforms and Endorsers

Recent concerns with mis-advertising have led to various pro-consumer measures in India. This includes overhauling the consumer laws and attaching liability to platforms, sellers and advertisers (including influencers and celebrities) for misleading ads and malpractices.

The latest pro-consumer measure is the regulation of dark pattern practices, by way of notification of ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’ (“Guidelines”).Continue Reading Dark Side of Advertising: Decoding Dark Patterns for Platforms and Endorsers

Crackling News: India allows foreign higher educational institutions to set up in-country campus

In November, India opened its doors to foreign universities and institutes by permitting them to set up campuses in the country.

The light-touch ‘The UGC (Setting Up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023’ (“2023 Regulations”), are in line with the commitments set out in the National Education Policy, 2020 (“NEP”), and the government’s vision of internationalisation of education in India.Continue Reading Crackling News: India allows Foreign Higher Educational Institutions to set up in-country campus

Ecommerce Rules

Have you seen this while shopping online?

Hurry- Limited stock available!

Flash deal for 10 minutes only!

Have you been redirected to a download page instead of shutting a popup while playing an online game?

Have you selected food items at a certain price and suddenly noticed addition of delivery fee, packaging fee, partner fee, plus an additional tax just when you check out your cart?

Welcome to the world of dark patterns!Continue Reading Dark Patterns: An (un) fair trade practice?

The immunity granted under Section 79(1) of the Information Technology Act, 2000 (“the Act”) to intermediaries, commonly referred to a ‘safe harbour provision’, is not absolute.  Non-compliance with an order under Section 69A is one such instance when the immunity erodes[1].

Section 69A empowers the government to issue directions to government agencies or intermediaries to block public access to any information generated, transmitted, received, stored or hosted in any computer resource, if it falls under any of the grounds of concern mentioned in Section 69A itself (discussed below in detail).Continue Reading The Twitter Verdict: Examining The Efficacy Of Section 69a In The Background Of Karnataka High Court’s Latest Decision

OTT Platforms

Over-the-Top curated content platforms (OTT/OTT platforms) have found their niche in India. From international platforms like Netflix, Amazon Prime Video and Disney-Hotstar to home-grown streaming platforms like JioCinema, ZEE5, Voot, SonyLiv, Aha and ShemarooMe, India is a key market for one and all.Continue Reading ‘Over-the-Top’ Interference with Curated Content in India

On April 6, 2023, India introduced a new legal regime for operators of online games by introducing  amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules”) (amendments are referred to as “Gaming Amendments”).Continue Reading The Online Gaming Intermediaries Regulations: What is New?

Gaming Law

The Ministry of Finance has issued a notification dated March 07, 2023 (“Notification”), classifying entities that engage in specific activities (see below) related to Virtual Digital Assets (“VDA(s)”) in the course of business, as “persons carrying on designated business or profession” Therefore, such entities are now considered “Reporting Entities” under the Prevention of Money Laundering Act, 2002 and the corresponding rules (“PMLA”).Continue Reading PMLA Concerns for the Skill Gaming Sector?