December 2025

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John Doe Orders: An Instrument for the Protection of Personality Rights- Part II

Legal and Procedural Concerns In light of the discussion in Part I, John Doe orders raise significant legal and procedural concerns, which can be described as follows: Lack of Statutory Backing One of the foremost issues is that John Doe orders are a result of judicial innovation springing from Section 151 and Order XXXIX, Rule […]

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John Doe Orders: An Instrument for the Protection of Personality Rights- Part I

Introduction In the rapidly evolving landscape of digital content consumption, the proliferation of online platforms, peer-to-peer file sharing, and increased anonymity on the internet have posed significant challenges to the enforcement of legal rights—particularly in the domain of intellectual property (“IP”). To counter these threats, John Doe orders have come as a relief. These orders

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Deepfake Rules Mark a Thoughtful Turn

Introduction India is facing a surge in AI-generated content (including deepfakes), causing reputational abuse, financial fraud, and electoral/ political misinformation. To counter this, the Ministry of Electronics & IT (“Meity”) released the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules, 2021 (“IT Rules, 2021”), which propose a due diligence mechanism

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Ex-Ante Consent, Ex-Post Risks: The Transparency Challenge of Omnibus Approvals in Related Party Oversight

I. Introduction The SEBI Circular of June 26, 2025, requiring Industry Standards to have minimum information to be disclosed to the Audit Committee and shareholders to authorize related party transactions, has revived the interest in the structure of the shareholder approvals and the responsiveness requirements of that approval. In the modern world, omnibus approvals, i.e.,

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Interventions Before the ICJ: From Restraint to Normative Multilateralism

Introduction and Position of Interventions in ICJ Proceedings Hitherto The interventions before the International Court of Justice (ICJ) have historically been rare, treated more as an exception than a norm. The ICJ Statute allows it in two narrow circumstances. Under Article 63, any State party to the treaty under interpretation may intervene and present its

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Efficiency or Executive Overreach? Karnataka HC’s Endorsement of the Sahyog Portal

Introduction The Karnataka High Court’s recent decision in X Corp. (formerly Twitter) v. Union of India has thrust India’s digital regulation framework into the constitutional spotlight. At the centre of the litigation is the Sahyog Portal, launched in October 2024 as an online system to centralise government takedown requests to intermediaries. The court upheld Sahyog,

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Interpreting “In Relation To”: Towards a Functional Test for Personal Data under India’s DPDP Act

Introduction The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is India’s first dedicated data privacy law. The Act applies only to digital personal data, leaving out other categories of data from its ambit. However, even in this limited category, the meaning of personal data is not entirely clear. Section 2(t) of the act defines

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When Knowledge Meets Legal Restraint: A Critique of the Delhi High Court’s Order in Elsevier v. Elbakyan

Introduction The fundamental purpose of copyright law is the protection of original expressions of ideas, stemming from principles of fair play. But copyright law is not restricted to just such protections. It also involves a bargain between the need to foster innovation by incentivising the producers of intellectual property, and the interests of the public

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Mediation and Justice in India: The Promise of Section 5 of the Mediation Act, 2023

Introduction: The Everyday Struggle for Justice In the courtroom, it is often seen the silent fatigue on the face of a woman waiting for her maintenance order, sometimes clutching her child’s hand, sometimes sitting alone with eyes fixed on the floor. For her, justice is not an abstract principle, it is the means to secure

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SEBI’s Progressive Pivot: Balancing Market Growth with Governance in India’s Capital Markets

If you follow India’s capital markets, you know it’s a constant balancing act. On one side, you have the drive to grow, innovate, and attract big money. On the other, you have the absolute need to protect everyday investors and keep the system fair. The market regulator, SEBI, lives on this tightrope. And on September

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