The Central Consumer Protection Authority (“CCPA”) has issued Guidelines for Prevention of Misleading Advertisement in Coaching Sector, 2024 (“Guidelines”)[1] on November 13, 2024. The Guidelines are introduced to address the issue of misleading advertisements, including deliberate concealment of important information and false guarantees, i.e., practices plaguing the coaching industry.Continue Reading CCPA schools coaching centres on misleading advertisements
Aarushi Jain
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
Greenwashing – Drawing A Line Between Green Marketing or Green Misrepresentations
Greenwashing, inspired by the term “whitewashing,” is the practice of engaging in “unsubstantiated, false, deceptive, misleading environmental claims about products, services, processes, brands or operations as a whole, or claims that omit or hide information, to give the impression that they are less harmful or more beneficial to the environment than they actually are.”[1]Continue Reading Greenwashing – Drawing A Line Between Green Marketing or Green Misrepresentations
Fashion-Tech: From Runways to Regulations
Fashion has always been about expressing oneself, making retail therapy an important concept in modern society.
Enter, digital technology, or in this case, the combination of fashion and technology. This made even the most uninterested shopper indulge in some impulse buying or atleast ‘window’ shopping, often intrigued by the features on various shopping apps.Continue Reading Fashion-Tech: From Runways to Regulations
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
Key pointers for setting up Foreign Higher-Ed Campus in India
India has notified regulations allowing foreign higher educational institutions (“FEI”) to set up campuses in the country in November 2023. A summary of the regulations with our thoughts is available here.Continue Reading Key pointers for setting up Foreign Higher-Ed Campus in India
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
Dark Patterns: An (un) fair trade practice?
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 Twitter Verdict: Examining The Efficacy Of Section 69a In The Background Of Karnataka High Court’s Latest Decision
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
India’s Online Gaming Industry bets on federal level rules
India notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021[1] (“Gaming Rules”), on April 6, 2023. This is a key step to regulate online gaming at a federal level in India.Continue Reading India’s Online Gaming Industry bets on federal level rules
‘Over-the-Top’ Interference with Curated Content in India
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