What’s next for podcasts as content regulations loom?

New Delhi: Despite the exponentially falling attention span, an edifice in the content world still stands strong with its foundation etched in long form. Podcasts are a wonder in that sense; a property so alluring that even our Prime Minister, Narendra Modi, could not resist becoming a guest on one. 

India’s podcast scene was, not a while ago, thriving (the country being considered the third largest market for podcasts) with new creators emanating with each minute passing. Before things pivoted. 

The Ranveer Allahbadia controversy took over the media spaces and bearing the brunt was the overall creator space, including podcasts. This led to the apex court of the country nudging the government towards formulating regulations around social media content, a huge part of which is podcasts. 

Industry experts believe that regulations, while providing a safe and holistic environment for brands, can suffocate the very soul that makes podcasts an alluring property for advertisers. 

Less ambiguous, the better 

Kickstarting the conversation, Vinayak Burman, a lawyer and founder of ‘The Lifeboat’ Podcast,  advocated that the regulations must be robust rather than ambiguous. 

“Ambiguity in regulations can create hesitation among advertisers, especially when dealing with content that challenges norms or explores unconventional themes,” Burman said. He added that the industry should prioritise clear, well-defined guidelines that differentiate between responsible boldness and harmful content.

Burman further stated, “This will allow advertisers to align with podcasts that push creative boundaries while maintaining brand safety.”

Regulations will provide a controlled environment for podcasts but that may lead to brands avoiding content that pushes creative boundaries. Nagessh Pannaswami, Founder, Curry Nation, believes that “the key is clarity.” A well-defined set of regulations should give brands the confidence without making podcasters second-guess every word that comes from the brand side, Pannaswami argued. 

Non-ambiguity in laws and regulations has been the bedrock of an efficient system churning out favourable results. But what should these regulations look like?

Framework expectations

The first and foremost expectation of the industry is maintaining the sanctity of podcasts. Aditya Kuber, Founder and CEO, Ideabrew Studios, firmly stated, “The freedom of content creation should remain. 

Podcasts are successful because they go vertical and in-depth. This is what keeps the audience hooked. Any norms need to ensure they don’t take away this key attribute of podcasting.” Ideabrew Studios manages roughly 600 podcasts with 3 million monthly listeners in their portfolio.

Burman, contributing his two pennies, said, “New regulations should focus on clarity, transparency, and flexibility. Clear disclosure policies on sponsored content, standardisation of audience metrics, and ethical advertising guidelines will make it easier for podcasters to collaborate with brands effectively. At the same time, they should encourage innovation rather than impose rigid structures that limit creative expression.”

Currynation’s Pannaswami highlighted that the social media regulations, which also cover podcasts, should be transparent, consistent across properties, and give creative freedom “within ethical boundaries.” 

Amit Doshi, Head, IVM Podcasts, chimed in on the conversation, saying, “We should apply consistent rules across all digital mediums, rather than creating unique standards for each specific format. Just as there aren't separate rule sets for autobiographies versus other nonfiction books, there shouldn't be for podcasts versus other digital content.” He added that the regulations slated to be formulated should come from the “highest possible level and should be the loosest possible.”  

The common area where the industry leaders conflated was consistency. What is applied to general digital media content should be applied to podcasts as well. In that case, it makes it imperative to zoom out and figure out what actually is "acceptable content.” 

Defining content

For brands to make the most out of podcasts and post the regulations, content needs to be gauged. Burman believes that a collaborative approach involving industry stakeholders, podcasters, and advertisers can better define what acceptable content is.  

“Instead of rigid censorship, content should be evaluated based on factors like audience appropriateness, transparency in sponsorship, and adherence to ethical storytelling. Brands will stay engaged if they have confidence in content standards without fearing unnecessary restrictions on creativity,” he said. 

A collaborative approach seems to be a smart alternative since content is a highly subjective topic. 

Brands need to be more responsible

When it comes to using podcasts as a medium to advertise or catapult a message, it is brands that have more responsibility than the creators themselves. And to an extent, brands need to play a bigger role in gauging the content.  Echoing this thought, Kuber said, “What’s acceptable to one may not be acceptable to others. Brands are smart and evolved enough today to find the right content to associate with.” 

The subjectivity of the situation was also highlighted by Doshi, who said, “Many different brands have requirements that are way more stringent than what the regulations will be. And many brands don't care.” 

Heading the vast podcast network of IVM, Doshi’s experience tells him that the current scenario requires brands to be more careful than the creators themselves. 

And hence, regulations on digital content and subsequently podcasts are a double-edged sword. As Pannaswamy of Curry Nation said, “Some brands – especially larger, legacy ones – might appreciate a more structured environment, as it assures them of credibility and safety. However, the charm of podcasting lies in its authenticity, and over-regulation could dilute that essence. The ideal outcome would be norms that enhance trust without making podcasts feel sanitized or overly corporate.”

According to Kuber of IdeaBrew, podcasts are already professional in producing and presenting podcasts. “At least those who attract big brand deals,” Kuber said.