What content creators should watch out for

Police and lawyers urge content creators to not take things too far for five seconds of fame.

Last week, a 23-year-old YouTuber from Bengaluru was booked under IPC sections pertaining to public mischief and trespassing at Bengaluru airport. On April 12, Vikas Gowda, a resident of Yelahanka, uploaded a video claiming he spent a full day at the Kempegowda International Airport. He cast aspersions on the security arrangements. He had a valid ticket to fly to Chennai but he did not board the plane. Preliminary
investigation says he did it for publicity. He is out on bail.

Advocate Sagar G Nahar says, “Ignorance of the law (about trespassing) is not an excuse. The airport is a restricted public space, its purpose being to catch a flight or see people off or receive them. On top of that, if you publicise your unlawful actions online, you are inviting trouble.”

If filming in others’ homes or places of worship causes insult or annoyance to owners of the property, even that can come under the purview of trespassing, says advocate Akanksha Natesan.

‘Don’t cause nuisance’

Filming in public places like airports, metro trains, railway stations, bus depots, roads or malls per se is not
illegal as long as you stay clear of restricted zones. You must also not cause nuisance, obstruct crowd movement or infringe on people’s privacy.

Sections 268, 279 and 283 of IPC apply to offences affecting public health, safety, convenience, decency, and morals, says Akanksha. These can invite a penalty of Rs 200 and up and a jail term of 3 months and more. “Punishment depends on the severity of nuisance caused. Mostly, authorities let people off with a warning,” adds Sagar.

In 2022, a popular YouTuber was arrested for allegedly not seeking police permission to gather his fans for his birthday celebration outside a metro station in Noida. Public gathering beyond a certain number needs permission, Sagar informs.

‘Do it for conviction’

Nivedith G is a long-time content creator. He says influencers who make awareness videos are at a greater risk of attracting legal trouble. He advises them to do it out of conviction and not for instant fame. “Take the influencer who questioned the high sugar content in a nutrition drink. The brand sued him. He took down the video citing he didn’t have resources to fight the case,” he shares. Months later, the brand reduced the sugar content.

Akanksha says videos causing harm to the reputation of individuals or companies may amount to defamation and attract imprisonment of up to 2 years, or fine, or both. But Sagar points out, “Content creators have the right to defend themselves in court.”

Marketing rules

Care must be exercised while marketing brands. The Advertising Standards Council of India mandates influencers to label paid posts. Sagar adds, “In India, you can’t promote alcohol or tobacco. But reviews are permissible. ‘I like this cocktail’ is different from saying ‘This brand is good. Try it’. Moreover, under Consumer Protection Act, 2019, now brand ambassadors will be held responsible for making misleading claims in ads. Do your due diligence before signing up with brands.”

‘Verify before posting’

C K Baba, DCP (south east), says people should consider societal repercussions of the content they create. They should verify facts to curb the spread of misinformation. “Avoid being an attention-seeking ‘keyboard activist’. Prioritise helping victims (whose videos you capture) and promptly seek assistance from authorities,” he says.

Filming with children

Akanksha cautions influencers against shooting content with children at child care institutes or children who are under trial. “No audio-visual content can be made identifying their features. This is in contravention of the Juvenile Justice Act, 2015,” she says.