YouTube’s monetisation model has come under legal scrutiny in India. Former IPS officer and advocate Yogesh Pratap Singh has filed a petition in the Bombay High Court, challenging YouTube’s “Right to Monetize” clause. The case could potentially redefine how digital contracts with creators are enforced in the country.
What’s Being Questioned?
Under YouTube’s current framework, ads can be run on user-generated content even if the creator is not part of the YouTube Partner Program (YPP). In such cases, creators do not receive any share of ad revenue. Singh argues this practice violates1 Section 25 of the Indian Contract Act, 1872, which makes contracts without monetary consideration void unless registered as a deed with proper stamp duty.
Court Proceedings and Deadlines
The Bombay High Court has directed YouTube (Google LLC) and the State of Maharashtra to respond with affidavits by September 8, 2025, with rejoinders due by September 22. The case will next be heard on September 29, 2025. The outcome could have sweeping implications for content platforms and millions of creators across India.
Implications for Creators and Platforms
If the court rules in favor of the petitioner, YouTube and similar platforms may be forced to:
- Revise contracts to include direct compensation for creators, even outside YPP.
- Register and stamp agreements under Indian law, adding legal formality.
- Potentially open doors for creators to challenge revenue-sharing models that appear one-sided.
Such a ruling could also empower India’s creator economy, ensuring stronger legal protections and more equitable monetisation. However, platforms may argue that ad placements without revenue sharing are part of sustaining free access to services.
The Bigger Picture
India is one of YouTube’s largest markets, with over 500 million users. Any changes to monetisation structures will directly impact both creators and advertisers. This case could set a precedent for global tech giants, compelling them to adapt contracts to align with Indian contract law and consumer protection principles.
