Nearly a week after the Indian Ministry of Information and Broadcasting issued an advisory urging streaming platforms to remove content originating from Pakistan, a review has found that Pakistani content, including music and podcasts, remains accessible on Spotify.
The advisory, dated May 8th, was issued amidst heightened tensions between India and Pakistan, citing national security concerns. It requested Over-The-Top (OTT) platforms and digital intermediaries to immediately cease the distribution of web series, films, songs, podcasts, and other streaming media originating from Pakistan, regardless of whether it was available through subscription or otherwise.
However, as of today, Pakistani artists and their music continue to be available on Spotify in India. The platform has not yet responded to requests for comment on the matter.
Legal experts suggest that while the government’s advisory carries political weight, it is not legally binding unless it is accompanied by a formal order under Section 69A of the Information Technology Act, 2000. This section allows the government to issue takedown orders for content deemed a threat to national security, public order, or sovereignty.
Sonam Chandwani, Managing Partner at KS Legal & Associates, explained, “The May 8 advisory, issued by the Ministry of Information and Broadcasting (MIB), is not legally binding in itself but functions as a strong policy recommendation.” She further noted that advisories are administrative tools rather than enforceable mandates without statutory backing.
Under India’s Information Technology Rules, 2021, digital intermediaries are only legally obligated to act upon receiving a formal takedown order, typically within 36 hours. Without such an order, platforms like Spotify are not legally bound to remove the content.
Chandwani also raised concerns about a “blanket directive to remove all Pakistani-origin content,” stating it “may overreach constitutionally protected freedoms” by restricting access to legitimate artistic and cultural works.
While Spotify continues to host Pakistani content, some platforms might proactively choose to remove content as a business decision to mitigate potential government backlash or public criticism. As of now, services like YouTube also reportedly continue to host Pakistani content.
Key Highlights:
- Despite a government advisory issued on May 8th, Pakistani content remains accessible on Spotify in India.
- Legal experts indicate that the advisory is not legally binding without a formal takedown order under the IT Act.
- The advisory was issued by the Ministry of Information and Broadcasting citing national security concerns.
- Platforms like Spotify are not yet legally obligated to remove the content, although some might choose to self-censor.