UP Digital Media Policy Creates A Flutter, But What Is In It?

The new Digital Media Policy enacted on August 27, in simple terms, rewards social media influencers empanelled with the government, residing in and outside of UP, willing to create favourable content on government schemes and initiatives while reiterating central law provisions of action against “objectionable” content.

The reward is money in lieu of content posted by the digital entity. The payment structure is based purely on the number of views the government advertisement garners. 

However, will there be any curtailment of freedom of speech by specific sections of this policy?

We spoke to Rahil Chatterjee, Senior Associate at Ikigai Law, to get a bird’s eye view of the 14-page document uploaded by the Information and Public Relations Department of UP. Chatterjee, a digital law expert, is of the view that the provisions of the policy, including the legal actions and removal of the posts, mainly apply to content creators empanelled/registered with the government. 

Let’s consider how the policy applies to content creators. Doubts have been expressed from some quarters, which have appealed to the UP government to scrap clause 7(2) of the Digital Media Policy.

Following is a loose translation of section 7(2) which was originally posted in Hindi, about which some have voiced doubts.

“Any content/video/tweet/post/reel that is anti-national, anti-social, indecent, or hurts the sentiments of various sections of society, is based on false facts, or presents government schemes in a wrong manner or with wrong intentions, will be completely removed, and legal action will be taken against the concerned person by the Director of Information.”

Some reports have also said that there are provisions for punishment, under the new policy. However, no such provision can be found in the 14-page official document.

Chatterjee opines that the legal actions mentioned in the policy, which reference the Information Technology (IT) Act, will be governed by existing laws.

It should be noted that despite being declared unconstitutional by the Supreme Court in 2015, Section 66A of the IT Act, which criminalises sending an offensive message through a computer or other communication device, is still occasionally used by law enforcement authorities.

“The policy does not introduce any new legal measures. For instance, if a content creator—whether empanelled with the government or not—makes anti-national statements, the current legal processes will be followed as usual,” added Chatterjee.

How does a social media influencer enlist themselves with the government? They must first meet specific criteria, which are to be active for at least two years, provide documents like digital media analytics for six months, GST or PAN, income tax returns, etc. and submit affidavits confirming they have no criminal cases. Any inaccuracy can lead to delisting, says the policy.

So, what type of content will these empanelled digital media influencers be asked to create? The policy says content around UP’s art, culture, development, and news will be given priority.

But why roll out this policy now? The government claims it's to bridge a communication gap—reaching both residents of Uttar Pradesh and those who have migrated outside the state. They also pitch it as a move to create more employment opportunities.

However, it seems more like a move to extend the government's promotional reach, targeting a broader audience with its messaging, say critics of the policy.

Digital Media Influencers Will Be In Four Categories

Influencer payments across social media are structured into four categories – A, B, C, D – based on follower count and content activity over the last six months. The requirements for classification into categories are different for each social media platform.

The information department says they will monitor the number of followers of the digital creator every three months. If the number of followers is found to be less, the department will re-assign the category as per the existing number of followers at that moment.

Payments for videos, reels, podcasts, and posts differ, with bonuses for high engagement. These will however be capped monthly to encourage quality content.

For example, for YouTube content creators under Category A, the payment is capped at Rs 8 lakh, whereas for X it’s Rs 50,000 and for Instagram/Facebook it is Rs 5 lakh.

An influencer under category A who uploads a 90-second Instagram reel receives Rs 50,000 and Rs 80,000 for a video above 90 seconds. If the reel or long video surpasses 1 lakh views, they earn an additional Rs 10,000 for every 1 lakh views beyond the initial count. 

The maximum payment a category A social media influencer can receive per reel is Rs 1 lakh and for a long video is Rs 1.2 lakh. Together, the monthly cap for both kinds of content on Instagram/Facebook for category A influencers is Rs 5 lakh.

There Are Certain Caveats

The policy categorically says that the state government is not obligated to make monthly payments to listed digital media entities. However, in special cases, the government may relax payment limits based on the advertisement's utility and content quality, with the Director of Information's recommendation. 

Also, the UP Chief Minister holds the authority to amend any provision of the policy.

Further instructions and orders around the policy are expected in the future as the scope of the policy is ambiguous. Certain provisions, especially under the payment structures for various social media platforms, aren't very clear.

For example, under the payment structure of Instagram/Facebook reels and video, the policy says, “For the display of reels/shorts videos of 0 to 90 seconds, a rate of Rs. 50,000 per advertisement will be payable, and for the creation and display of videos/reels/podcasts on the given topic, a sum of up to Rs. 80,000 will be payable,” as per a loose translation of the policy.

However, the Rs. 80,000 amount isn't clearly explained. Is it specifically for content created at the government's request on a particular topic? 

These are some of the questions the policy needs to clarify in the future.