Site icon Legal Vidhiya

DIGITAL RIGHTS MANAGEMENT IN ONLINE JOURNALISM

Admin
Spread the love

This article is written by Bhuwan Mamgai of Law College Dehradun, Uttaranchal University, an intern under Legal Vidhiya.

ABSTRACT

The evolution of journalism into the digital realm has revolutionized information dissemination, but it has also exposed content creators to increasing threats of unauthorized reproduction, copyright infringement, and revenue loss. Digital Rights Management (DRM) has emerged as a crucial technological and legal safeguard to address these challenges. This research article explores the role of DRM in protecting online journalistic content, ensuring fair compensation for creators, and preserving editorial control. It examines the various DRM tools—such as paywalls, encryption, access control, and watermarking—used by media organizations, and evaluates the effectiveness of India’s legal framework. The article also investigates the ethical implications of DRM, including concerns about access to information and digital inequality. By analyzing global practices and Indian case studies, this paper aims to provide a comprehensive understanding of how DRM supports sustainable and secure journalism in the digital age.

KEYWORDS

Digital Rights Management, Online Journalism, Content Piracy, Paywalls, Information Technology Act, Copyright Act, Media Ethics, Intellectual Property, News Monetization, Fair Use, Digital Content Security, Press Freedom, Access Control.

INTRODUCTION

The transition from traditional print media to digital platforms has transformed the landscape of journalism. Today, news is consumed instantly across various online channels, including websites, mobile applications, and social media. While this shift has made information more accessible than ever before, it has also brought significant challenges related to the protection of digital content. Online journalistic works are increasingly vulnerable to unauthorized reproduction, content theft, and monetization without due credit to the original creators. Digital Rights Management (DRM) involves a combination of legal measures and technological solutions used to regulate how digital content is accessed, shared, and utilized by users. For media organizations and journalists, DRM not only helps secure their intellectual property but also enables sustainable revenue models through subscription services, paywalls, and content licensing. However, this technological advancement must be balanced with the fundamental principles of journalism, such as freedom of expression and public access to information. This article explores the concept, implementation, and legal backing of DRM in the context of online journalism, particularly in India, and evaluates its impact on both content protection and democratic access to news.

BACKGROUND AND EMERGENCE OF DRM IN ONLINE JOURNALISM

In the early stages of online journalism, many media organizations freely published their content on the internet, focusing on audience reach and visibility. However, as digital consumption grew, so did the issues of unauthorized use, plagiarism, and content piracy. News articles were frequently copied, altered, and shared across platforms without permission or attribution, severely impacting the credibility and financial stability of original publishers. This led to a growing recognition of the need for Digital Rights Management (DRM) systems. Originally developed for industries like music, film, and software to prevent unauthorized duplication, DRM technologies soon found relevance in journalism. As media outlets began to monetize their content through subscription models and premium news services, the demand for secure and controlled content distribution increased. DRM provided a mechanism to enforce access controls, detect misuse, and support copyright compliance in the digital news ecosystem. In India, the emergence of DRM in journalism was driven by both technological innovation and the evolution of legal standards. With increased internet penetration and the proliferation of digital news platforms, traditional newspapers and broadcasters began adopting DRM tools to protect their online editions. This included measures such as metered paywalls, watermarking of digital content, user authentication, and automated detection of content duplication. Furthermore, the challenges posed by content aggregators and news-sharing platforms have intensified the focus on DRM. Media houses now rely on DRM not just for protecting intellectual property but also for ensuring fair revenue distribution, maintaining editorial integrity, and safeguarding their competitive advantage in an overcrowded digital space. As digital journalism continues to expand, DRM has become an essential component of content governance, offering a way to protect the value of original reporting while navigating the complexities of digital rights and public access.

LEGAL FRAMEWORK GOVERNING DRM IN INDIA

Digital Rights Management (DRM) in India operates within a dual legal structure that combines intellectual property law and cyber law. This framework provides both content creators and media organizations with the legal backing necessary to protect their digital works, particularly in the field of online journalism. As news content becomes increasingly digital and vulnerable to unauthorized use, these laws play a pivotal role in establishing accountability and ensuring rightful ownership.

1. The Copyright Act, 1957 (as amended in 2012)

The Copyright Act is the cornerstone of content protection in India. The 2012 amendment introduced specific provisions to address digital rights, making the Act more relevant in the age of online media. Section 65A prohibits the circumvention of technological measures (such as encryption or access control) used to safeguard copyrighted content. This directly supports the technical aspects of DRM systems. Section 65B penalizes anyone who removes or tampers with digital rights management information (e.g., watermarking, author metadata), ensuring that content attribution and ownership are preserved. These provisions empower media organizations to take legal action against individuals or platforms that bypass paywalls, plagiarize articles, or manipulate digital identifiers.[1]

2. The Information Technology Act, 2000

The IT Act complements the Copyright Act by focusing on digital security and unauthorized access. It addresses crimes such as hacking, data theft, and content manipulation, which are common threats in the digital news space. Section 43 imposes civil liability for unauthorized access, downloading, or copying of digital material. Section 66 provides criminal penalties for identity theft and other cyber offenses that may compromise DRM systems or journalistic content.[2]

3. WIPO Copyright Treaty and International Commitments

India is a signatory to the WIPO Copyright Treaty (1996), which mandates protection for technological measures (like DRM) used to safeguard digital works. Although not directly enforceable, India’s domestic laws have been amended to reflect its international obligations under this treaty. This international alignment is especially important given the cross-border nature of digital journalism, where content is accessed globally and piracy can occur beyond national jurisdictions.[3]

4. Judicial Precedents and Sectoral Guidelines

In several copyright-related judgments, courts have emphasized the importance of protecting original digital content and upholding the economic rights of creators. Moreover, industry guidelines from press councils and media regulatory bodies encourage responsible use of DRM to protect content while maintaining journalistic ethics. Overall, India’s legal framework provides a comprehensive basis for DRM enforcement, balancing the interests of media organizations, creators, and the public. However, consistent enforcement and awareness among stakeholders remain essential to fully realize the potential of these laws in protecting online journalism.

TOOLS AND TECHNIQUES OF DRM IN ONLINE JOURNALISM

Digital Rights Management (DRM) relies on a combination of technical mechanisms and policy-based systems to protect digital content from unauthorized access, sharing, and duplication. In the context of online journalism, these tools are essential to preserving the exclusivity, credibility, and economic value of news content. Media organizations increasingly adopt DRM technologies to secure their articles, videos, images, and audio content published on digital platforms.

Below are the key DRM tools and techniques commonly used in online journalism:

1. Paywalls

Paywalls are one of the most widely used DRM tools in the digital news industry. hard paywalls restrict users from accessing any content unless they have an active subscription. Metered Paywalls allow limited free access (e.g., five articles per month) before requiring payment. Paywalls help news platforms generate revenue while controlling who can access their premium content.

2. Watermarking

Digital watermarking involves embedding invisible or visible markers in content to establish ownership. In journalism, watermarks can be added to images, videos, and even PDF versions of articles. These marks help track content misuse, enable verification of authenticity, and support legal claims in case of unauthorized reproduction.

3. Content Encryption

Encryption converts readable content into coded data that can only be accessed by authorized users. Many platforms use encryption to protect live streams, subscription-only videos, and paywalled articles. This technique ensures that even if content is intercepted, it remains unreadable to unauthorized viewers.

4. Access Control Mechanisms

Access control systems manage user authentication (login-based access), IP address filtering, Geo-blocking (restricting access based on geographic location). These measures prevent bots, scrapers, and unauthorized users from exploiting protected content.

5. Digital Licensing and Terms of Use

Digital licensing defines how content may be used, shared, or republished. Media outlets often issue licenses for academic, commercial, or syndication purposes.

A proper terms of use agreement, enforced through DRM tools, legally binds users and limits unauthorized copying, distribution, or alteration of journalistic material.

6. Fingerprinting Technology

Unlike watermarking, which adds visible or embedded marks, fingerprinting assigns a unique digital “signature” to each version of the content. Fingerprinting is particularly effective in protecting videos and long-form reports shared across platforms.

7. Automated Plagiarism Detection Tools

Media organizations increasingly rely on automated systems to monitor the internet for copied content. This enables newsrooms to quickly detect unauthorized use and take corrective action, including issuing takedown notices. The combination of these DRM tools not only preserves the rights of content creators but also supports the business sustainability of journalism in the digital era. By applying these technologies strategically, media organizations can maintain control over their content while adapting to changing consumption patterns.

CASE STUDIES AND CURRENT PRACTICES

The implementation of Digital Rights Management (DRM) in journalism varies across countries and media organizations depending on their audience base, business models, and legal environments. However, a common thread among successful news platforms is the strategic integration of DRM tools to protect content, enhance credibility, and ensure sustainable revenue. This section highlights notable case studies and current practices from both international and Indian media houses.

1. The New York Times (USA)

The New York Times uses: User tracking and access monitoring to detect bulk downloading or content scraping, DRM-enabled syndication services, allowing academic or institutional use under strict licensing. As a result, the NYT has successfully transitioned into a subscriber-supported digital model, generating more revenue from digital subscriptions than from print advertising.[4]

2. The Hindu (India)

In India, The Hindu has emerged as a pioneer in adopting DRM measures tailored to local needs. It uses: Login-based access for both free and premium readers. A subscription model that provides digital access to archives and e-papers. PDF watermarking in e-papers and premium reports to prevent unauthorized distribution. Additionally, The Hindu enters into content licensing agreements with academic institutions, libraries, and syndication partners, ensuring legal reuse while protecting its digital assets.[5]

3. BBC (United Kingdom)

The British Broadcasting Corporation (BBC) offers most of its news for free, as it is publicly funded. However, it applies DRM in specific areas, such as: Protecting its vast library of audio-visual content through encrypted streaming. Limiting downloads of premium content like documentaries or exclusive interviews. Licensing content to educational institutions or international broadcasters with DRM-based controls. The BBC also employs automated detection systems to monitor content reproduction on third-party platforms like YouTube, ensuring compliance with its usage policies.[6]

4. Scroll.in and Inshorts (India)

Scroll.in, an Indian digital news platform, uses membership-based access to certain long-form investigative articles. It relies on user authentication, content watermarking, and legal terms of service to limit misuse. In contrast, Inshorts, an aggregator app that summarizes news from various sources, has faced criticism for potential DRM violations. Several publishers have raised concerns over unauthorized use and improper attribution. This has sparked conversations around fair use boundaries and the need for licensing, highlighting how DRM practices are evolving to address aggregator-related challenges.

5. Reuters and Bloomberg (Global)

Both Reuters and Bloomberg cater to business and finance sectors and are known for their strict DRM enforcement. Their practices include:

These platforms demonstrate how high-value content demands equally robust DRM tools to ensure exclusivity and compliance.

6. Press Reader and Syndication Services

Platforms like Press Reader, which legally distribute newspapers and magazines worldwide, use DRM-backed licensing. Subscribers can access content under time-restricted or device-limited conditions, preventing uncontrolled redistribution. DRM ensures the original publishers are compensated for each read/download under predefined digital terms.

Key Observations from Current Practices:

RECOMMENDATIONS

As the digital journalism landscape continues to evolve, it becomes imperative for media organizations, lawmakers, and technology developers to strengthen the effectiveness of Digital Rights Management (DRM) tools while ensuring they do not compromise public access to vital information. Based on the analysis of existing practices, legal frameworks, and ethical concerns, the following recommendations can help improve the implementation and impact of DRM in online journalism:

1. Develop Tiered Access Models

Media houses should adopt tiered access models that differentiate between general public-interest news and premium, in-depth reporting. For example: Essential public content (like health updates or election news) should remain free to access. Investigative and exclusive reports can be placed behind paywalls.

This balance ensures public awareness is not compromised while still allowing publishers to generate revenue.

2. Strengthen DRM Awareness Among Journalists and Media Staff

Many newsroom professionals lack technical knowledge about DRM systems. It is recommended to: Conduct training sessions for journalists, editors, and IT teams. Encourage awareness about copyright obligations, content licensing, and fair use policies.

This empowers media staff to actively participate in protecting their content.

3. Use Affordable and Scalable DRM Solutions

Small and independent media outlets may not afford enterprise-level DRM tools. Open-source or cost-effective DRM systems can be promoted, such as: Basic watermarking plugins. Lightweight encryption tools. Plagiarism monitoring services with limited budgets. This ensures that digital protection is not limited to large corporations but is accessible to all content creators.

4. Create Fair Use and Academic Access Policies

To support education and research, media organizations should offer clear policies for academic citation, research use, and quoting under fair use. This includes: Allowing limited access to archives for students or scholars. Offering discounted or free access to educational institutions.
Such measures promote knowledge dissemination while respecting content ownership.

5. Collaborate with Legal and Tech Experts

Media platforms should work with cyber law professionals and IT experts to regularly update their DRM systems in line with: Technological advancements. New threats such as AI-based content theft or scraping bots. Updated legal requirements under Indian and international law. Regular audits and risk assessments will help prevent loopholes and reinforce compliance.

6. Promote Licensing Agreements and Digital Syndication

Instead of resisting content sharing, media organizations can adopt controlled syndication models, allowing their content to be legally used by aggregators, academic institutions, or partner websites. This involves: Clearly defined licensing terms. Revenue-sharing or access limits.
This approach turns content use into a monetizable and legal channel rather than a threat.

7. Encourage Government and Institutional Support

Governments and media bodies should provide: Grants or incentives for smaller outlets to implement DRM tools. Policy guidelines for ethical DRM usage that protect both creators and consumers. Public-private partnerships can be formed to develop DRM tools suited to India’s socio-economic context.

CONCLUSION

As journalism continues to shift from traditional print to dynamic digital platforms, the need to protect intellectual property and ensure the integrity of journalistic content has become more pressing than ever. Digital Rights Management (DRM) has emerged as a vital solution to address the growing threats of content piracy, unauthorized sharing, and revenue loss in online journalism.

Through various tools such as paywalls, watermarking, encryption, and access control, DRM empowers media organizations to maintain ownership over their work and implement sustainable monetization strategies. Supported by legal frameworks like the Copyright Act, 1957 and the Information Technology Act, 2000, DRM practices in India are increasingly aligned with global standards. However, the implementation of DRM must not come at the cost of journalistic ethics, freedom of information, or public access to essential news. A balanced approach—where technology, law, and editorial responsibility work together—is necessary to protect both the rights of content creators and the interests of the audience. This research concludes that effective DRM, when combined with transparency, accessibility, and legal enforcement, can play a crucial role in preserving the credibility, financial health, and social relevance of journalism in the digital era.

REFERENCES

  1. The Copyright Act, 1957 (as amended in 2012), Government of India https://legislative.gov.in/sites/default/files/A1957-14.pdf
  2. The Information Technology Act, 2000, Government of India. https://legislative.gov.in/sites/default/files/A2000-21.pdf
  3. WIPO Copyright Treaty, 1996, World Intellectual Property Organization. https://www.wipo.int/treaties/en/ip/wct/
  4. Times Internet Ltd. v. Reddit India, 2021 (unreported).
  5. Jain, R. (2023). Paywalls and the Public: Digital Rights Management in India. Media Watch Journal, Vol. 15(2), pp. 45–60.
  6. Ramanujam, P. (2022). Digital Journalism and Law in India: An Overview of Evolving Challenges. Indian Journal of Media Studies, Vol. 9(1), pp. 17–33.
  7. BBC Editorial Guidelines (2023). Use of DRM in News and Broadcasting. Retrieved from: https://www.bbc.co.uk/editorialguidelines
  8. The Hindu Group. (2024). Digital Access and Licensing Policy. Retrieved from: https://www.thehindu.com
  9. New York Times Company. (2024). Terms of Service and Paywall Strategy. Retrieved from: https://www.nytimes.com
  10. PressReader. (2023). Digital Publishing and Rights Protection. Retrieved from: https://www.pressreader.com
  11. Shukla, A. (2021). Ethical Use of DRM in Indian Digital Media. Journal of Law & Technology, Vol. 6(3), pp. 88–101.

[1]The Copyright Act, 1957 (as amended in 2012) https://legislative.gov.in/sites/default/files/A1957-14.pdf

[2] The Information Technology Act, 2000 https://legislative.gov.in/sites/default/files/A2000-21.pdf

[3] WIPO Copyright Treaty and International Commitments https://www.wipo.int/treaties/en/ip/wct/

[4] New York Times Company. (2024). Terms of Service and Paywall Strategy. Retrieved from: https://www.nytimes.com

[5] The Hindu Group. (2024). Digital Access and Licensing Policy. Retrieved from: https://www.thehindu.com

[6] BBC Editorial Guidelines (2023). Use of DRM in News and Broadcasting. Retrieved from: https://www.bbc.co.uk/editorialguidelines

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.

PDF 📄
Exit mobile version