Legal advice and litigation on defamation, online content, intermediary liability under the IT Act, 2000, advertising law and data protection. The work covers cease-and-desist notices, civil and criminal defamation claims and defences, notices to intermediaries, and content takedown.
Civil defamation, and criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 499–500 IPC)
Drafting and responding to legal notices on defamatory or infringing content
Takedown notices, intermediary liability under the IT Act 2000, and content removal
Passing-off actions, infringement notices, and IP enforcement
Legal review of advertising claims under the ASCI Code and the Consumer Protection Act, 2019
Legal review of endorsement contracts and disclosure obligations under the ASCI guidelines and the Consumer Protection Act, 2019
Legal advice on Digital Personal Data Protection Act 2023 compliance and disputes
Legal review of public statements for defamation and other legal risk
Confidential review of the matter, the content in question, and the legal exposure or remedy sought.
Analysis of the applicable provisions of the BNS, the IT Act, the Consumer Protection Act, and the law of torts.
Drafting of legal notices, replies, or other formal communications.
Where a matter proceeds, filing of suits, complaints, or applications before the appropriate forum.
Settlement, takedown, injunction, or final order, with enforcement where required.
In-depth notes on the substantive law, procedural framework, and strategic considerations for this practice area. Written by Advocate Subodh Bajpai for clients, junior counsel, and others researching this area of Indian law.
Indian media and digital-communications law is a layered framework: the Bharatiya Nyaya Sanhita 2023 (Section 356, on criminal defamation, which replaced Sections 499 and 500 of the Indian Penal Code from 1 July 2024); the Bharatiya Nagarik Suraksha Sanhita 2023 for criminal procedure (formerly the Code of Criminal Procedure 1973); the law of torts on civil defamation; the Information Technology Act 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021; the Digital Personal Data Protection Act 2023; the Consumer Protection Act 2019; the Advertising Standards Council of India (ASCI) self-regulatory code; and the Press Council of India's norms for print media.
Unified Chambers And Associates provides legal advice and litigation across this framework. The chambers do not provide public-relations, marketing, media-buying or content-creation services — those are commercial activities outside legal practice. What the chambers offer is legal advice on the disputes, regulatory questions and risks that arise from media and digital communications.
Indian defamation law operates on two tracks. Criminal defamation is defined in Section 356(1) of the Bharatiya Nyaya Sanhita 2023 (formerly Section 499 IPC): making or publishing an imputation concerning a person, intending to harm, or knowing or having reason to believe it will harm, that person's reputation. The section retains the exceptions — among them true imputations made for the public good, opinions in good faith on the conduct of public servants or on public questions, fair comment on the merits of a published work, and reports of judicial proceedings. Under Section 356(2) the punishment is simple imprisonment for up to two years, or fine, or both, or community service. A court takes cognizance only on a complaint by the person aggrieved, subject to the special procedure for offences against public servants. It is settled that criminal defamation is a reasonable restriction on free speech under Article 19(2) of the Constitution.
Civil defamation is governed by the law of torts. A plaintiff must show publication of a defamatory statement about the plaintiff; the defences include justification by truth, fair comment on a matter of public interest, qualified privilege for certain communications, and absolute privilege for statements in parliamentary and judicial proceedings. A civil suit can lead to damages and an injunction.
Work in this area covers both those harmed by false publications and those accused of defamation. The choice between the criminal and civil routes depends on the remedy sought, the strength of any defence of truth, the time limits, and the wider considerations involved.
The Information Technology Act 2000 (IT Act) governs electronic communications and online content. Provisions directly relevant to media and reputation matters include Sections 67, 67A and 67B (publishing or transmitting obscene material, sexually explicit material and child sexual abuse material in electronic form), Section 69A (blocking of public access to information) and Section 79 (exemption of intermediaries from liability).
Section 79 exempts intermediaries — social-media platforms, search engines, hosting providers and similar services — from liability for third-party content, provided they observe the due-diligence obligations in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, as amended, and act on actual knowledge or a lawful order. The Rules prescribe grievance-redressal mechanisms and timelines for acting on complaints and takedown requests. Section 66A of the IT Act is no longer operative, having been struck down as unconstitutional in 2015.
Work in this area includes drafting takedown notices and grievance complaints to intermediaries for defamatory or unlawful content, escalation under the Rules, and proceedings where removal is refused.
The Digital Personal Data Protection Act 2023 (DPDP Act) governs the processing of digital personal data. It provides for processing with consent or for specified legitimate uses, gives rights to Data Principals, places obligations on Data Fiduciaries, and constitutes the Data Protection Board of India. The Digital Personal Data Protection Rules 2025 were notified on 14 November 2025, and the Data Protection Board was constituted the same month; the Rules provide an eighteen-month period for phased compliance with the main obligations.
The Act affects businesses' marketing communications and data practices at several points: consent for processing, the rights of individuals to access, correct and erase their data, the security safeguards required of Data Fiduciaries, breach notification, and the restrictions on transfers outside India. The Schedule fixes maximum penalties of up to ₹250 crore for failure to take reasonable security safeguards; up to ₹200 crore each for failure to notify a breach and for breach of the obligations relating to children; up to ₹150 crore for breach of the additional obligations of a Significant Data Fiduciary; up to ₹10,000 for breach of a Data Principal's duties; and up to ₹50 crore for other breaches.
Work in this area includes advice on compliance with the Act and the Rules, drafting consent and privacy notices, procedures for handling requests from Data Principals, and proceedings arising from alleged non-compliance.
The Advertising Standards Council of India (ASCI) administers a self-regulatory code for advertising. The Code addresses misleading advertising, harmful advertising, advertising that offends public decency, and the substantiation of claims. Complaints are decided by ASCI's Consumer Complaints Council, which can require advertisements to be modified or withdrawn.
The ASCI framework sits alongside statutory regulation: the Consumer Protection Act 2019 and the Central Consumer Protection Authority, the Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, the Food Safety and Standards Act 2006 for food advertising, and the Cable Television Networks (Regulation) Act 1995 for television advertising. Work in this area includes pre-publication review of advertising claims, responses to ASCI complaints, and proceedings arising from regulatory action on advertising.
Endorsements by influencers are regulated. ASCI's Guidelines for Influencer Advertising in Digital Media (2021, updated since) require influencers to disclose any material connection with the brands they promote, in a manner suited to the platform. The statutory framework is the Consumer Protection Act 2019 and the Central Consumer Protection Authority's Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, which address misleading advertisements, due diligence by endorsers, and disclosure of connections between endorsers and advertisers.
Work in this area includes advice to brands and influencers on these requirements, drafting influencer agreements, and proceedings arising from undisclosed or non-compliant promotional content.
A cease-and-desist notice is a formal communication stating that the recipient's conduct — typically publication of defamatory content, infringement of intellectual property, or unauthorised use of brand assets — is unlawful, and demanding that it stop. A well-drafted notice is calibrated to the legal position, the likely defences, and the sender's objective.
Work in this area includes drafting and sending notices in matters of defamation, brand infringement and unauthorised use of a person's name, image or likeness, and advising recipients of such notices. A considered reply can protect the recipient's position and may avoid escalation to litigation.
Brand and trademark disputes overlap with media and content law. Passing-off actions in tort, infringement actions under the Trade Marks Act 1999, and unfair-competition claims arise from brand-related publications, comparative advertising and the use of brand assets in content. Work in this area includes passing-off and infringement suits, interim-injunction applications, and defence of brand-enforcement actions, including counter-claims.
Prosecution of trademark applications before the Trade Marks Registry is a distinct function, commonly carried out by registered trademark agents; litigation and dispute work falls within the practice.
No. The chambers practise law only. The work covers the legal side of media matters — notices, defamation claims and defences, takedown, and compliance.
Yes. Indian law provides a civil remedy — a suit for damages and an injunction — and a criminal complaint under Section 356 of the Bharatiya Nyaya Sanhita, 2023, alongside the framework for online content under the IT Act. Each matter turns on its facts and the choice of forum.
Intermediaries such as social media platforms have specific obligations and a conditional safe harbour under Section 79 of the IT Act and the Intermediary Guidelines. The practice covers notices to intermediaries and takedown requests.
Contact Unified Chambers And Associates about a matter in this practice area.
Contact Chambers →The other practice areas at Unified Chambers And Associates are listed below.