Congress spokesperson Pawan Khera has called India’s copyright laws outdated, his comments coming against the backdrop in the wake of a YouTuber’s allegations against a news agency over using the agency’s content.
“India's Copyright Act hasn't kept pace with the digital age. While Section 52 of the Copyright Act, 1957 permits ‘fair dealing’ for criticism, commentary, and news, the law remains mired in ambiguity,” Khera wrote on his X (Twitter) handle on
The incident with the YouTuber, reported widely by news channels, has already reignited debate around copyright abuse, “fair dealing,” and the vulnerability of independent creators under India’s legal framework.
“What constitutes 'fair use'? How much is too much?” Khera asked, before adding, “The Act was last amended by UPA 2 in 2012. Since then, the BJP has been both ignorant and indifferent. They have been busy peddling flashy slogans like ‘Digital India’ while ignoring the fundamental reforms needed to democratise the digital space.”
The news agency has sued the YouTuber, accusing him of making false and defamatory statements.
The YouTuber had claimed that he received copyright strikes for using brief clips, 11 and 9 seconds long, in videos covering the RG Kar rape-murder case in Kolkata and Operation Sindoor, India’s missile strikes against terror camps in Pakistan and Pakistan occupied Kashmir.
According to YouTube’s policy, three copyright strikes within 90 days can lead to the termination of a channel.
According to Khera, the result is a hostile environment for small content creators.
“This has left independent creators squeezed. On one side, predatory platforms demand hefty payouts; on the other, powerful corporations dodge accountability out of legal fear. The small YouTuber, the grassroots reporter, the digital satirist is paying the price.”
Prominent YouTubers and digital rights advocates have also started speaking their mind on the matter.
Dhruv Rathee's support
Popular anti-Narendra Modi YouTuber Dhruv Rathee wrote: “Before giving a copyright strike, give creators a chance to delete the ‘copyrighted’ clip from their video if it’s less than 10 seconds…. It will stop the whole blackmail and extortion.”
The issue concerns India’s Section 52 of the Copyright Act, which defines “fair dealing” to include use for criticism, review, reporting of current events and research.
But unlike the US doctrine of “fair use,” which has been more clearly defined through case law, India’s legal system offers creators little clarity or protection, especially in digital contexts.
On May 27, news agency PTI posted on X offering what it called “highly affordable” access to its video content for YouTubers and other digital creators.
“To support responsible content creation, we offer individual YouTube creators highly affordable access to PTI videos for your YouTube content and for use in other social media platforms,” the post read, though it did not include pricing details.
Glare on BJP
Khera framed the entire episode as a symptom of a broken digital policy ecosystem under the BJP’s rule.
“The challenges faced by the independent media and content creators need widespread and sympathetic discussion. Freedom of Expression is indeed threatened by censorship but also this deleterious mix of outdated laws, exploitative platforms, and a government that refuses to act.”, Khera added to his X post.
