For advertisers in India, the digital playground that once offered limitless creative freedom is rapidly becoming a high-stakes game of risk management. The latest push for compliance comes amid growing scrutiny of online content, triggered by a recent controversy surrounding YouTuber and podcaster Ranveer Allahbadia’s remarks on comedian Samay Raina’s India’s Got Latent show. The Ministry of Information and Broadcasting has issued fresh advisories, urging OTT platforms to exercise stricter self-regulation and adhere to age-based content classifications. The Parliamentary Standing Committee on Information Technology, in turn, has called for stronger enforcement of digital content laws.
Altogether, social media platforms are facing stricter regulation and serious consequences when they breach privacy laws and ethical norms. For brands that have built their marketing strategies around influencer collaborations, the nervousness is palpable. One careless association with a “wrong” creator or the “wrong” kind of content, and it would land up in a legal — worse still, reputational — mess. “In a world connected digitally, reputational impact is a visible area of risk,” says Saurya Bhattacharya, Partner at JSA Advocates & Solicitors.
For advertisers, this means more than just revisiting contracts with influencers—it means implementing ironclad protections. More brands are expected to include stringent indemnity clauses, pre-screening requirements, and content control mechanisms to mitigate risks associated with controversial influencer content, say experts.
Even that might not be enough. If an influencer posts problematic content— even if unrelated to the brand — does the advertiser still get dragged into the controversy? “Any advertiser’s liability for harmful content would depend on their degree of involvement in the creation and dissemination of the specific content,” says Namita Viswanath, partner, IndusLaw.
The ambiguity around what constitutes ‘harmful’ content is a concern. A joke, a meme, or an offhand comment can quickly spiral into controversy. Many fear that brands, fearing backlash, would settle for sanitised messaging, diluting enga- gement. Says Ambika Sharma, chief strategist at Pulp Strategy. “Brands that master compliance while maintaining a unique voice will stand out.”
The looming question is whether ad money will shift from digital in response to these evolving regulations. Some anticipate a flight to safety. “Brands may favour neutral or positive messaging while exploring alternative channels like gaming, podcasts, and regional content,” says Yasin Hamidani, director at Media Care Brand Solutions. Others sayinfluencer partnerships will continue but with stricter vetting. “Traditional has its own perks, but digital’s reach is unmatched,” says Ramya Ramachandran, founder & CEO, Whoppl. “The focus must be on mastering compliant digital storytelling.”