Content and Community Guidelines

Last updated: 25th October 2024

These Content and Community Guidelines ("Guidelines") govern your use of our website located at https://mojapp.in/short-video-app and/or the mobile application and its versions (“App”), including various features available on the website and mobile application, collectively referred to as the "Platform". The Platform is made available by Mohalla Tech Pvt. Ltd. ("MTPL", "Company", "we", "us" and "our"), a private company established under the laws of India, having its registered office at Mohalla Tech Private Limited, North Tower Smartworks, Vaishnavi Tech Park, Survey No. 16/1 & No. 17/2 Ambalipura Village, Varthur Hobli, Bengaluru Urban, Karnataka – 560103. The terms "you" and "your" refer to the user of the Platform.

These Guidelines are to be read with the App's Terms of Use and the Privacy Policy (collectively, "Terms"). The capitalized words used in these guidelines shall have the meaning given to such words in the Terms.

Please note that we may change these Guidelines from time to time, and we reserve the right to do so. The updated version of these Guidelines is available here, and the platform policies are available here.

Our Platform connects you with people from across India and other parts of the world. The community that we have created is diverse and receptive to a variety of content, but the Platform is accessed by a variety of audiences, which may include minors and young adults. Hence, to ensure that all our users follow standard practices and to foster a safe environment for you to creatively express yourselves, we have put in place strict guidelines and restrictions that govern the usage of the Platform.

CONTENT GUIDELINES#

We actively remove content that is prohibited on our Platform and violates both our Guidelines as well as applicable Indian laws. If such content comes to our attention, we may take it down or restrict access to user accounts. If you come across any content that violates these Guidelines, we encourage you to report it. The intent of the creator is important. We understand the importance of creative freedom, however, we do not welcome content that intends to bring discomfort, spread what may be considered hate speech and abuse, promote violence and illegal activities, or is deceptive and/or impedes the creator or artist ecosystem on the Platform.

a. Adherence to Applicable Laws#

All content, including without limitation, content that is uploaded, posted, commented on, or shared by you on our Platform, must adhere to the laws of India, including but not limited to the Bharatiya Nyaya Sanhita, 2023, the Information Technology Act, 2000, and all the rules and amendments made under such laws. We cooperate with legal authorities and law enforcement mechanisms in cases of breach of applicable laws.

Content that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to violence should not be uploaded, posted, commented on, or shared by you. You may not post or engage with content that is insulting to any other nation, incites the commission of any offence or prevents the investigation of any offences.

b. Nudity and Pornography#

We allow content that may have limited sexual imagery, provided it serves artistic, documentary, educational, public awareness, humourous or satirical purposes. Content which contains the following is prohibited on the Platform and will be considered a strict violation of these Guidelines:

Obscene, sexually explicit, pornographic, or nude content or images/videos that display private parts (sexual organs, female breasts and nipples, buttocks) and/or depict sexual activities;
Content that is invasive of another’s privacy, including bodily privacy;
Videos or images of individuals in compromising positions or content depicting sexual actions, fetishes, erotic intent, or sexual arousal;
Sextortion or revenge pornography;
Bestiality or zoophilia;
Content that exploits or endangers any individual (for example, listing of phone numbers or sharing other personal information for exploitation or endangerment of an individual, including encouraging or soliciting prostitution or escort services);
Content related to paedophilia or child pornography (including, without limitation, creation, promotion, glorification, transmission, or browsing of child pornography) or child sexual abuse imagery and any other content that depicts, encourages, or promotes paedophilia or child sexual exploitation or is harmful to children. This includes any content which features the sexual harassment of children, including by way of sound or gesture, or exhibiting any object or part of the body with the intent of the same being seen or heard by a child, is prohibited on the Platform;
Content that is indecent, immoral, or related to rape, sexual objectification, non-consensual activities, and molestation.

c. Harassment or Bullying#

We strongly condemn any kind of harassment or bullying on our Platform. We intend to give our users the freedom to express themselves without the fear of emotional or psychological distress. We urge you to ignore any content that you may find petty or annoying. In addition to this, we also encourage you to report any such content that harasses another individual or intends to degrade or shame any individual.

Content examples that constitute a violation of these Guidelines are provided below. Please note that this is not a complete list of restricted activities that may fall under harassment/bullying. There could be other activities which violate these Guidelines and the Terms:

Posting abusive language or curse words, morphed images, and/or malicious recordings;
Objectifying, insulting, or harassing someone based on their gender, race, ethnicity, caste, colour, disabilities, religion, sexual preferences, and/or making sexual advances or otherwise engaging in sexual misconduct will not be tolerated on this Platform. Similarly, extorting or blackmailing any individual generally or on the basis of the above mentioned content is strictly prohibited;
If someone blocks you from their account, kindly do not try and contact them from a different account. If a user does not want to engage with you on the Platform, please respect the same and vice versa;
Any image or information of an individual that is shared without their consent with an intent to harass, distress, or endanger them;
False information posted with the intent to harass someone for financial gain or to cause emotional, physical, or mental harm and injury to them.

However, if a matter involves critical discussion and deliberation of such individuals who are featured in the news or tend to have a large public audience, we may allow it subject to the Terms and these Guidelines.

d. Intellectual Property and Use of the Music Library#

We aim to safeguard intellectual property rights and consider violations of such rights as serious misconduct. All content, including but not limited to literary, musical, dramatic, artistic, sound recordings, and cinematographic works, is subject to intellectual property protection.

Posting content on the Platform that is not original and is copied from an individual/organisation who owns the intellectual property rights in such content/works is prohibited. Any content that violates the intellectual property rights of third parties will be removed/taken down, and strict action will be taken against users who repeatedly violate these Guidelines. If you wish to reshare such content from within the Platform, kindly do not remove any attributions, watermarks, or original captions that state the authentic source of the content. In addition to this, please take the required permissions and give due credit to your fellow users or any other organisation/individual who owns the intellectual property rights in such content by mentioning their name and/or the original source.

We may provide audio tracks through our music library (“Library”) that you can use to create content on the Platform. This should only be used for personal and non-commercial purposes. Please obtain separate permissions and all necessary rights if you wish to use audio/music to promote or advertise your products or services. The length of such audio/music that you can incorporate from our Library varies and cannot exceed the limited duration.

Please do not use the audio/music in violation of these Guidelines or any other applicable platform policies. We retain the right to disable the audio in your content, take down the content, or limit its sharing/ access if the use is inconsistent with these Guidelines or applicable laws. The music available in our Library is constantly changing, and it is possible that certain music available in our Library currently may not be available in the future. We are not liable for any loss or harm that you may suffer on account of such actions (loss of music, disablement of music, takedown, etc).

Users may upload content made with audio from outside our Library. In the event we become aware that such audio violates the copyright of a third party, we may mute or take down any content featuring the audio.

You may be able to use someone else’s copyrighted work in certain circumstances where such usage would be considered to be ‘fair use’ under applicable laws. For example, use for the purpose of criticism, commentary, parody, satire, or teaching could be considered to be fair use. To learn more about fair use, you can visit https://copyright.gov.in/Exceptions.aspx. However, it is generally a good idea to take the required permissions and give due credit even when you think your content may be covered by fair use exceptions.

e. Violence#

Violence includes all content that causes discomfort to our users due to its graphic nature, including images or videos that glorify violence and suffering, intend to incite violence, or express intent to commit violence, or depict physical violence or animal cruelty. Content that glorifies or promotes cruelty, serious neglect, mistreatment, or harm toward animals is also prohibited.

Some examples of content that is considered violent and is a violation of these Guidelines are provided below:

Content that promotes dangerous and illegal activities;
Content that praises or memorializes individuals, groups, or leaders involved in terrorism, organized violence, hateful propaganda, or criminal activities;
Content that justifies acts carried out by terrorist organizations, criminal organizations, or violent extremist groups, or seeks material support for the activities of such organizations;
Content that promotes recruitment for terrorist organizations, criminal organizations or violent extremist groups;
Content that encourages users to act on behalf of such entities;
Content that provides instructions on how to make or use explosives or firearms.

Educational, newsworthy, or informative content pertaining to violence may be allowed on the Platform. Criticism of individuals or groups that does not incite violence or express intent to commit violence against them may be permitted. Violent content on the Platform in the form of fictional setups or martial arts may be permitted, subject to these Guidelines.

If you believe someone is in imminent danger, you should get in touch with your local law enforcement authorities and report the situation at the earliest.

f. Hate Speech and Propaganda#

Content that promotes violence or intends to incite violent behaviour or enmity against (including but not limited to) an individual or a group of individuals, or intends to intimidate, target, or demean or cause hurt to any particular religion, race, caste, ethnicity, community, nationality, disability (physical or mental), disease, or gender, is prohibited. Any kind of content that generates hatred or intends to create or spread hatred or hate propaganda, on the basis of and not limited to religion, caste, ethnicity, community, sexual orientation, or gender identity, is prohibited. We do not tolerate content that spreads discrimination, intends to justify violence based on the above-mentioned attributes, or refers to an individual or a group of individuals as inferior in any sense or with negative connotations. Content promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence is also prohibited.

Please refrain from incendiary commentary, causing insult to Gods, religious deities, symbols, or emblems of any religion, and from publishing theories or hateful ideologies that may cause outrage among our users and influence them negatively. We may permit such content which intends to raise awareness about these issues or challenges them, subject to the clear intention of posting such content on the Platform.

g. Abuse, Self-Injury or Suicide#

We do not permit content that depicts or promotes suicide, self-injury, harm or any such tendencies and encourages participation in dangerous activities. Posting any content that harms or relates to physical, mental, sexual, or psychological maltreatment, neglect, or abuse of any individual, whether a child or an adult, is strictly prohibited on our Platform. Content showcasing self-harm, glorifying self-injury or suicide, or even stating instructions on how to commit self-harm through any means is prohibited. Further, content that identifies, tags, derogates, or mocks victims and survivors of psychological/physical maltreatment, abuse, self-injury, domestic abuse, or any other form of violence is prohibited.

We allow content that intends to provide support, aid, and relief to those undergoing such serious issues. We also allow users to share their experiences which may provide coping mechanisms for those who need help, subject to the intent of posting such content.

h. Illegal Activities#

We have zero tolerance for content that advocates or promotes illegal activities.

We prohibit content related to or in support of organized crime, criminal activities, promotion, sale, or use of weapons, firearms and explosives, violence, or terrorist activities, or featuring kidnapping or abduction. The sale of illegal goods or services, regulated goods, drugs, and controlled substances, and the solicitation of sexual services is strictly prohibited. Any content that you upload or share on the Platform should respect protected national emblems, including the Indian national flag.

We do not permit content that is harassing, harmful, or abusive to children. Users should not post content that is related to or encourages money laundering or gambling.

Users are prohibited from posting content that displays tutorials or instructions or educates the users about illegal and prohibited activities, including participation in criminal activities, making bombs, or encouraging or doing or trading in drugs. Do not use our Platform to solicit or facilitate any transaction or gifts involving such goods and services which are declared illegal by the Government of India.

Impersonating another individual (such as your family, friends, well-known personalities, brand, or any other individuals/organisations) and distributing false or misleading information on our Platform for personal or financial gain will be considered fraud. Content that contains computer or software viruses, malware, or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource cannot be uploaded on the Platform.

Please note that the above is not a complete list of restricted illegal activities on the Platform, and there could be other activities which violate these Guidelines and the Terms.

i. Non-Consensual (Personal) Content#

Content that impersonates another individual is prohibited. Posting or misusing personal content or data, or information of another individual, including pictures or videos of other people who have not given express consent to such content being posted, is prohibited. Do not post anyone’s personal or intimate photos or videos without their permission or consent. Do not post content that is invasive of anyone’s privacy. Content that belongs to another individual and to which the user does not have any right is prohibited on the Platform.

Revealing someone’s personal data or sensitive personal information as defined under applicable laws, including but not limited to contact information, passwords, address, financial information, sexual orientation, biometric information, government identification documents such as Aadhaar details, passport information, healthcare information including physical, physiological, and mental health condition, sexual or intimate images and videos, or threatening someone to reveal or use such information, will be considered as harassment, and such activities are strictly prohibited on our Platform.

j. Spam#

Content that misleads users about its origin, displays or promotes false advertisements, fraudulent or misleading representations, and security breaches falls under the ambit of spam and is prohibited. Such content, when posted for commercial gain, amounts to commercial spam. Spam interferes with the smooth functioning of the Platform and deters other users from sharing and connecting. It is important that the content you share is authentic and facilitates the creation of a safe and trusted environment for individuals to post on the Platform. Posting the same content multiple times if it intends to annoy viewers or sell goods/services as a means of spam promotion, commercial or otherwise is prohibited. Do not use artificial and manipulative means to generate traffic or increase followers, likes, views, comments, and shares.

If you want to promote your goods or services, please do so in an authentic manner.

Do not post any misleading or deceptive links, including content that contains a link that promises one type of content but delivers something substantially different. Do not post content that contains a link to malicious content (such as malware) intended to compromise another individual’s privacy (for example, through a phishing attack).

k. Misinformation#

We aim to combat the spread of misinformation on our Platform.

Content that is misleading or knowingly and intentionally communicates any misinformation or disinformation, or information which is patently false and untrue is prohibited. Further, hoaxes, or fake propaganda, with the intent to mislead the users or the general public at large, is prohibited. We also prohibit the posting of content that exaggerates an existing piece of news by introducing non-factual elements into it.

We do not allow content on the Platform that misleads users or attempts to create an avenue for fabricating information, or is defamatory, libelous, or attempts to damage someone’s reputation, or negatively affect their financial or political standing based on incorrect information. We engage third-party fact checker(s) to combat the menace of fake news and restrict factually incorrect information on our Platform.

Users are accountable for the content they post on our Platform. You must, to the extent possible, ensure that the content you post on the Platform is authentic and from a reliable and verifiable source.

Please do not upload or share content that uses manipulated media (including through text, audio, and video) that may cause harm, negatively impact public safety, or cause public order. This includes manipulated media that:

Causes harm to individuals or groups of people;
Causes harm to or threatens the integrity of electoral or civic processes;
Aims to defraud individuals or entities;
Promotes enmity between different groups on grounds of religion, race, gender, language, etc; or
Aims to deliberately and maliciously outrage religious feelings.

Manipulated media refers to synthetic or falsified content which may seem authentic and could feature people appearing to say or do things they have never said or done, produced using artificial intelligence techniques or otherwise.

However, we allow satire and parody content on the Platform, provided that such content does not mislead other users and is not to spread false information.

COMMUNITY GUIDELINES#

When you use our Platform, we expect you to follow certain norms.

a. Tag It Right#

All posts should be tagged with the most appropriate tag. If such a tag doesn’t exist, then please create one accordingly. Any content posted with an irrelevant or inapplicable tag, if reported, will be removed from the feed.

b. Stay on Topic#

Moj is a very active platform. Make sure that any content that you post and any discussion you participate in, relates to the caption and tags of the post. Content that does not relate to the caption or tags, or is unreasonable for a particular post, will be removed.

c. Multiple/Fake Profiles#

Creating a fake profile of an individual or organisation [including a government official or organization] and impersonating someone in a misleading or deceiving manner, with or without the intention of harassing or bullying them, is prohibited. We permit exceptions for community profiles, informative profiles, and fan profiles of public figures. Satire or parody accounts of public figures are also permitted as long as the intention is not to mislead other users and the same is clearly mentioned in the profile description or profile status.

d. Safety and Security#

Harassing someone or using abusive language in the posts or comments while addressing another user is prohibited. Do not do anything which may make other users feel uncomfortable. Action will be taken against you if you try to create hostile situations for other users.

e. Beware of Legal Consequences#

Ignorance of law is not an excuse to escape liability for your actions. In order to use our Platform, you will need to comply with the laws and regulations that govern conduct in the digital environment. Kindly respect all applicable laws while using our Platform. Any content featuring, encouraging, offering, promoting, glorifying, or soliciting illegal activities will not be tolerated.

f. Enforcement Actions against Violators#

We take prompt action against those who violate these Guidelines. Our decision to take action against any account is binding upon the user. If your profile is found to be violating these Guidelines, we may take appropriate actions and restrict your access to the profile. Any attempt to circumvent such enforcement actions by creating other accounts, identities, personalities, or presence on another user's account will result in long-term access restrictions. In case of repeated violations, we may be compelled to take stricter actions and further restrict you from registering with us. We enforce strict measures against content that violates our Guidelines and remove such content from the Platform.

PLATFORM SECURITY#

Reporting#

When you see any content or activity that violates these Guidelines, please tap or click on the ‘Report’ option to report such content. We will review your report. If we find the content or activity to be in violation of these Guidelines, we will remove it and take appropriate action. If you believe any content on the Platform infringes upon your rights as a copyright holder, you can file a copyright claim using our rights management tool available at https://moj-copyright.sharechat.com/ and the same will be sent to our team for further review and action. There may be such content on the Platform which you do not like, but the same does not violate these Guidelines. In that case, we request you to either unfollow or block such users.

Intermediary status and review of content#

We are an intermediary as per the applicable laws. We do not control what our users post, comment, share, or say on the Platform and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility and liability for anything that happens on our Platform is strictly governed and limited by the laws of India.

We expect you to be responsible for what you post and what you see. If any of our users report your content to be against these Guidelines, we may take enforcement actions as necessary.

Grievance Officer#

Moj has a Grievance Officer to address your concerns regarding data safety, privacy, and other Platform usage concerns. You may contact Ms. Harleen Sethi, Grievance Officer, at any of the following:

Address: Mohalla Tech Private Limited,
North Tower Smartworks, Vaishnavi Tech Park,
Survey No. 16/1 & No. 17/2, Ambalipura Village, Varthur Hobli,
Bengaluru Urban, Karnataka – 560103. Monday to Friday.
Email: grievance@sharechat.co

Note - Kindly send all user related grievances to the above mentioned email ID, in order for us to process and resolve the same in an expeditious manner.

Nodal Contact Person - Ms. Harleen Sethi
Email: nodalofficer@sharechat.co

Note - This email is solely for use by police and investigating agencies. This is not the correct email ID for user related issues. For all user related grievances, kindly contact us at grievance@sharechat.co.

RIGHT TO CHALLENGE#

In case the content you upload or post, or your activity is reported by another user and removed from our Platform, we will notify you of such removal and our reasons for the same. If you believe that your content has been unfairly removed, you may raise an in-app appeal request or write to us at grievance@sharechat.co to challenge the removal. We may review the content again and determine the validity of the appeals request.

In addition to the above-mentioned actions that may be taken by us in case of non-compliance with our Guidelines, you may also incur personal, civil, and criminal liability from individuals /regulators/legal authorities for such violations. Please see below an illustrative and indicative list of the laws read in conjunction with Rule 3(1)(b) of the IT Rules, that may be attracted against you:

Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and its amendments (“Intermediary Rules”)	Relevant Provisions under Applicable Laws (Illustrative and Indicative List of Penal Actions)
(i) Infringing on someone else’s rights	The Digital Personal Data Protection Act, 2023 [S.33(1)]
(ii) Content that is explicit (CSAM/pornographic/sexually harassing), invasive, harassing or encourages illegal activities like gambling or money laundering	The Bharatiya Nyaya Sanhita, 2023 [S. 196, 294, 295, 77, 353] The Protection of Children from Sexual Offences Act, 2012 [S.11 and 12] The Prevention of Money Laundering Act, 2002 [S. 4] The Information Technology Act, 2000 [S. 66E, 67 and 67A]
(iii) Harmful for children	The Juvenile Justice (Care and Protection of Children) Act, 2015 [S. 75] The Information Technology Act, 2000 [S. 67B]
(iv) Infringing patents, trademarks, copyrights, or proprietary rights	The Trade Marks Act, 1999 [S. 29] The Copyright Act, 1957 [S.51]
(v) Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature. Including false information about the Central Government	The Bharatiya Nyaya Sanhita, 2023 [S. 212, 336, 353]
(vi) Impersonation	The Bharatiya Nyaya Sanhita, 2023 [S. 319] The Information Technology Act, 2000 [S. 66D]
(vii) Threatening national security, unity, foreign relations, or inciting offenses	The Information Technology Act, 2000 [S. 66F]
(viii) Containing malware of disruptive computer code	The Information Technology Act, 2000 [S. 43 and 66]
(ix) Advertising or promoting impermissible online games	The Consumer Protection Act, 2019 [S. 89]
(x) Violating existing laws

If required, we will cooperate with legal authorities and law enforcement mechanisms. Please note that we are under no obligation to assist you.