India: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.
Article
When Promotion Becomes Liability: FSSAI’s Warning To Food Influencers In India
India's food safety regulator has issued a stark warning to celebrities and social media influencers: verify health and nutritional claims before promoting food products, or face potential legal consequences. As influencer advertising violations surge to over 21% of all advertising complaints, the question of accountability has moved from public backlash to formal regulatory scrutiny, with recent show-cause notices issued to major Bollywood stars.
India Consumer
GA
Global Advertising Lawyers Alliance (GALA)
Article
SC Upholds That Marketing Of Assigned Music Rights For Own Commercial Benefit Is Not A Taxable Service And Ancillary Marketing Obligations Are Not Separately Taxable
The Supreme Court has clarified the service tax treatment of marketing and promotion expenditure incurred by a broadcaster on commercially exploiting acquired music and song video rights. The Court upheld the CESTAT’s view that such expenditure does not represent consideration for any taxable service to the film producers, since the broadcaster promoted the rights for its own benefit as assignee and therefore no taxable service relationship existed.
India Tax
AC
Aurtus Consulting LLP
Article
High Court Of Delhi Holds That Reasonable And Limited Restriction Does Not Violate Article 14 Or 19 Of The Constitution
The High Court of Delhi, through its judgment dated 19.06.2026 in M/s EG Communications Pvt. Ltd. & Ors. v. Election Commission of India & Ors. , dismissed a challenge to the directions prohibiting political advertisements at Delhi Metro stations during the operation of the Model Code of Conduct (“MCC”) on the ground that it is not violative of Articles 14 and 19 of the Constitution of India, 1949 (“Constitution”).
India Government
Sagus Legal
Article
Commercial Use Of Music On Social Media: Analyzing The Zee Entertainment v. Nykaa Copyright Infringement Dispute
The rapid growth of short-form content has transformed social media marketing in India. Platforms such as Instagram have become indispensable tools for brands seeking consumer engagement through reels, influencer campaigns and promotional videos. As per 2025 data, almost 80 percent of marketing professionals integrated Facebook and Instagram into their digital marketing campaigns.
India IP
SR
S.S. Rana & Co. Advocates
Article
ASCI Issues Draft Guidelines For Responsible Labelling Of AI-Generated Content In Advertising
Given the increased proliferation of Artificial Intelligence (AI) across various industries and markets, regulatory scrutiny around application of AI has been rather inevitable. This reflects in Advertising Standards Council of India’s (ASCI) Draft Guidelines for Responsible Labelling of AI-Generated Content in Advertising published on 8 May 2026 (Draft ASCI Guidelines).
India Media & IT
KC
Khaitan & Co LLP
Article
Keyword Bidding V. “Bait & Switch”: Makemytrip v. Google At War With The Dark Patterns Guidelines, 2026
The advent of digital advertising has brought trademark law into direct conflict with online market practices, particularly keyword bidding. The use of competitors’ trademarks by businesses to promote their own goods and services, albeit as invisible keywords, has often been debated as “infringement”, thereby causing unfair advantages and consumer confusion.
India IP
Ka
Khurana and Khurana
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