Digital Media

Pouring Over the Law: Navigating Alcohol Advertising & Packaging Regulations in India – Part 1

CAM Comment: Part 1 of this blog post series aims to shed light on the multi-layered regulatory framework surrounding the advertisement and promotion of alcoholic beverages in India.

Introduction

India presents a uniquely complex regulatory environment for the alcoholic beverages industry. Unlike many sectors governed primarily by central legislation, alcohol falls under the purview of states, creating a fragmented landscape of laws governing production, sale, advertising, and consumption. This complexity stems from the Indian Constitution, which places production,  possession, transport, purchase and sale of intoxicating liquors on the State List, granting states legislative power. This contrasts with the Directive Principle in Article 47, which encourages states to prohibit intoxicating drinks, highlighting an intrinsic conflict between public health objectives and the significant state revenue generated from alcohol excise duties.Continue Reading Pouring Over the Law: Navigating Alcohol Advertising & Packaging Regulations in India – Part 1

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

FDI IN DIGITAL MEDIA - A CASE FOR FURTHER CLARIFICATION

 

The Government of India recently issued a clarification on FDI in digital media sector. The pre-cursor to this clarification is Press Note 4 of 2019 (“Press Note 4”) that allowed up to 26% FDI in entities engaged in uploading/ streaming of news and current affairs through digital media platforms under the Government approval route, similar to the print media sector. We have analysed the implications of the recent clarifications on entities that are engaged in the digital media sector.

Press Note 4 did not provide a definition of “Digital Media” and accordingly there were concerns regarding entities that fall within its ambit. The Government of India therefore issued the “Clarification on FDI Policy for uploading/streaming of news and current affairs through Digital Media” on October 16, 2020 (“Clarification”). The Clarification inter alia provides that Press Note 4 shall apply to the following types of entities registered or located in India:
Continue Reading FDI IN DIGITAL MEDIA: A CASE FOR FURTHER CLARIFICATION