Where comedians fear to tread: Backlash worries prompt content self-censorship

As has been the case with video streaming platforms for some years now, talent management agencies and public relations teams have started advising clients to follow informal yet specific mandates to mitigate reputational and legal risks. These include internally screening scripts, videos and public statements for sensitivity to socio-political, religious, gender-related or other potentially contentious themes.

Content creators are also self-censoring jokes, avoiding commentary on religion, caste, political figures, ongoing legal matters, and any subject matter that could be perceived as discriminatory, offensive, or defamatory. 

Further, PR agencies are developing crisis management strategies to address any potential backlash, including the formulation of public apology statements, legal disclaimers, and communication buffers.

“There is an increase in the implementation of internal codes of conduct, wherein creators are encouraged to maintain digital hygiene, avoid inflammatory remarks and refrain from engaging in polarising debates, particularly on social media platforms,” said Gaurav Sahay, practice head – technology and general corporate at Fox Mandal & Associates LLP, a law firm.

Legal vetting

Drawing parallels with the standard operating procedures followed by OTT platforms, many creators and their management teams have begun engaging legal counsel to prereview their scripts, especially where the content traverses sensitive themes, Sahay said.

In addition to legal vetting, some creators have introduced disclaimers and trigger warnings with their content as a pre-emptive defence, while others are incorporating indemnity clauses in their brand and platform agreements to distribute liability in the event of a backlash.

Considering the current landscape of heightened sensitivity, both creators and companies look for content that would not stir any backlash or controversy, said Mansi Gupta, chief business officer at Opraahfx, an influencer marketing agency. Reputation matters more than ever. So, it has become a mix of playing it safe and still finding ways to keep the content fun, fresh, and real, Gupta added.

There could be a downside to all this, though.

“Creators are a little scared to talk about anything and everything. This could bring down the overall quality and formats that creators can potentially take up,” said Piyush Agrawal, co-founder of CREATE, an influencer marketing agency.

Experts said talent managers may not hand out written mandates, but there’s definitely an unspoken rulebook that everyone is following. Topics such as religion, politics, sexuality, and anything that might be seen as disrespectful to families or parents are generally being avoided.

“Self-censorship is very real right now. What we used to see in the OTT world-where scripts would be run past legal experts before release is now trickling into the content creator space too,” said Neelesh Pednekar, co-founder and head of digital media at Social Pill, a digital marketing agency. “I personally know creators who are sharing their stand-up sets or sensitive video scripts with legal consultants before going public with them. It’s a shift from instinctive content creation to pre-cleared, risk-evaluated content planning.” 

One creator shelved an entire roast format show simply to avoid taking any risk in this climate, Pednekar said. Others are quietly taking down older videos or editing out jokes that were okay last year but might not fly today.

Some creators are revisiting their contracts – adding clauses that protect them in case of a backlash or giving platforms or managers a clearer exit route if things go wrong. And for live shows or major content releases, it’s becoming more common to have legal folks on standby, just in case.

There’s also a lot more emphasis on disclaimers, age-gating, and content warnings. Creators are putting in “watch at your discretion” messages or flagging their videos as 18-plus to make sure they’re covering all bases.

Playing safe

“No brand, through the work that they put out, wants to dip their hands into grimy issues that may blow out of proportion with or without intent. Therefore, apart from advertising creatives being conscious about what they write, brands are extremely cautious on even the faces or celebrities that feature in their films. Anybody too outspoken is better left out,” said Sharat Kumar, director of Crazy Few Films, a commercial and film production company.

Experts emphasized that creators and companies are now likely looking at content or themes that are considered relatively safe. Anupam Shukla, a partner at legal firm Pioneer Legal, said companies are increasingly advising creators and putting down mandates to ensure brand safety and avoid association with controversies.

These shifts indicate a more cautious and legally conscious environment for content creators and the brands they work with, as they navigate the complexities and potential pitfalls of online content creation in the current climate.

Further, creators are leaning into themes that feel light and widely accepted—like food, travel, nostalgic stories, wellness, and everyday life moments. These topics help them stay connected with audiences without getting into tricky areas, according to Zubin Morris, a partner at Little & Co.

At the same time, many companies are checking creators’ online presence before working with them. Some campaigns now include clear dos and don’ts, asking creators to stay away from sensitive discussions during collaborations.

“Legal vetting in such matters can be helpful in identifying and addressing what is controversial and problematic. The test is not whether any such statements are offensive in themselves, but rather if they meet the statutory threshold prescribed under Indian penal laws,” said Vikram Jeet Singh, a partner at legal firm BTG Advaya.