Despite government advisory, Pakistani content remains accessible on Spotify

Nearly a week after the Ministry of Information and Broadcasting issued an advisory directing streaming platforms and digital intermediaries to cease distribution of content originating from Pakistan, some services, including Spotify, continue to host such material, raising questions about the legal enforceability of the directive.

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The advisory, dated May 8, urged over-the-top (OTT) platforms and intermediaries to immediately discontinue access to Pakistani content in the wake of heightened tensions between India and Pakistan. However, a review by Storyboard18 found that podcasts and music from Pakistani artists remain available on Spotify, which has not yet responded to requests for comment.

Legal experts note that while the advisory carries political and symbolic weight, it does not amount to a binding legal order. “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,” said Sonam Chandwani, Managing Partner at KS Legal & Associates.

Advisories issued by ministries, Chandwani explained, are administrative tools rather than enforceable mandates, unless accompanied by a statutory backing such as Section 69A of the Information Technology Act, 2000. That section allows the government to issue formal takedown orders for content deemed a threat to national security, public order, or sovereignty.

“In the post-war context, with India-Pakistan tensions elevated, the advisory carries significant political and practical weight, signalling potential formal action if platforms do not comply,” Chandwani said.

Although the advisory may foreshadow future directives, platforms are not yet legally obligated to remove Pakistani content unless a formal order is issued. Under India’s Information Technology Rules, 2021, digital intermediaries are required to act only upon receipt of such orders, typically within 36 hours.

This legal nuance provides intermediaries with a measure of protection. Section 79 of the IT Act grants them “safe harbour” status, shielding them from liability for user-generated content so long as they comply with takedown requests issued under the law and demonstrate due diligence.

As of this writing, services like Spotify and YouTube continue to host Pakistani content, including music, television shows, and cultural programming. Absent a formal takedown order, legal experts say, these platforms are unlikely to face immediate legal consequences.

Still, some platforms may choose to self-censor as a risk mitigation strategy. “In practice, platforms may choose to proactively remove some content to mitigate risks of government backlash or public criticism, but this is a business decision, not a legal obligation,” Chandwani noted.

Beyond questions of enforcement, the advisory also raises constitutional concerns, particularly regarding freedom of expression. Under Article 19(1)(a) of the Indian Constitution, citizens are guaranteed the right to freedom of speech and expression, with only narrowly defined restrictions permitted under Article 19(2).

“A blanket directive to remove all Pakistani-origin content, without a showing of incitement, sedition, or a clear threat to public order, may overreach constitutionally protected freedoms,” Chandwani said. “It risks restricting access to legitimate artistic or cultural works, such as music and literature, thereby infringing on the public’s right to access diverse sources of information.”

As the government navigates the geopolitical fallout from recent hostilities, how and whether it moves to formalize such content restrictions may test the legal boundaries of an evolving digital regulatory framework.

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