Viral today, gone tomorrow: the uncertain life of music in India

TV shows, India lacks a dedicated regulatory framework for music. This, lawyers and industry experts say, creates legal and commercial uncertainty, undermining an artiste’s ability to monetise their work and make creative decisions with confidence.

In the absence of pre-clearance, content could be taken down unpredictably, disrupting revenue streams, jeopardising brand partnerships, and diminishing platform visibility.“India lacks a dedicated censor board for standalone music, leaving songs vulnerable to swift takedowns via public outrage, commissions, and courts,” said Alay Razvi, managing partner, Accord Juris. Platforms often over-comply with the IT Rules, 2021, to avoid liability, thereby amplifying pressures from moral policing and viral campaigns that can swiftly turn chart-topping songs into casualties overnight, Razvi added.Films are regulated by the Central Board of Film Certification (CBFC), which reviews and certifies movies before they can be released.

Television is governed under the Cable Television Networks (Regulation) Act, which sets rules about what can be broadcast.However, music - particularly on digital platforms - lacks a similar level of oversight, leaving songs vulnerable to pressure from various groups once they become popular.In India, there is no statutory requirement for prior certification of songs released independently or on digital platforms, said Sudhir Raja Ravindran, Attorney-At-Law, Solicitor (England & Wales) at Altacit Global. As a result, scrutiny typically arises after release, through complaints or objections raised by individuals or authorities.