Author: Rasna Singh, Himachal Pradesh National Law University

Memes are a type of video, image, or other content created for humour. They make us laugh, even in serious news commentary, which often creates debate online. Memes have become a significant part of the young generation's lives due to the increasing use of the internet and social media. Every person of any age nowadays uses social media, and it has not just become a pastime, but also a platform where people showcase their creativity through various means, such as reels, shorts, and memes. People creating such content are often unaware of the legal consequences they may face due to the content they post online. 

Memes are not banned in India; however, their legality depends on various factors, including the subject matter of the meme and its intended use.

Something that goes viral does not mean that people can escape legal liability. 

Article 19(1)(a) of the Constitution of India talks about the freedom of speech and expression, which is a fundamental right. It affords ordinary people the fundamental right to express their views and opinions, and this article protects such expressions. However, this fundamental right, which is provided, is not absolute; it comes with certain reasonable restrictions, such as decency, defamation, morality, maintaining public order, national security and most importantly, intellectual property rights. 

Yes- one can generally post memes, but it should not be at the expense of someone else's legal rights. 

For Example: "Mera Yashu Yashu" meme

The original clip behind the meme comes from an older video/song titled "Mera Yeshu Yeshu", which shows a scene likely from a Christian missionary or evangelical event, and the lyrics praise or mention Jesus in a religious context. People started using the audio to make meme content. Many people do get offended by it, as the audio is related to religious prayer. If audio is used in memes in a way that feels disrespectful, out of context, or mocking, it can make them feel hurt, offended, or misunderstood. Any Christian who feels that way can file suit against that meme, but till now, there has been no such reaction seen. 

Memes are generally created by using existing online content, reusing and remixing it, such as music, videos, photos, or other forms of art. Moreover, that is where copyright enters the picture: 

• Copyright Law in India 

The Indian Copyright Act, 1957, protects original works, including artistic and literary works, as well as photos, videos, and songs used in memes.  

One could consider a meme to be a derivative or infringing work if it uses the copyrighted picture or video of another person without first obtaining their permission.

Memes that infringe copyright are widely shared and created for entertainment purposes without objection, but the original owner still retains the copyright over their work. Can memes be protected under the Copyright Act?

If someone creates an original meme with their own efforts, without using any existing content, it also has copyright protection. 

Doctrine of Fair Use 

Under Section 52 of the Copyright Act, 1957 of India, the concept is formally known as "Fair Dealing". It provides a safeguard that allows people to use copyrighted ideas for purposes such as research, reviews, and criticism. By doing this, it guarantees that the rights of creators are upheld and permits unrestricted public access to ideas, information, and discussions. Unlike India, the U.S.A. have a broad "Fair use" doctrine.

This means not all memes qualify automatically as fair dealing — especially if they are purely for entertainment or commercial use. 

Many people use movies, celebrities, and current events to create memes by employing humour and exaggeration. India is still not clear about this issue, what   steps should be taken, or whether they should be taken at all. India has no stance on it.

Although not a meme case per se, the Ninth Circuit ruled that copyright owners must consider fair use before issuing takedown notices for online content. This decision reinforced that fair use is a genuine legal defence, and rights holders must evaluate it in good faith before claiming infringement under the DMCA.

Many memes are parody or satire, mocking popular culture or public figures. While Indian law does not explicitly define this, courts have sometimes recognised parody as fair dealing — if the work adds something new, transformative, and critical, rather than simply copying. 

Still, the legal boundaries remain unclear, and India has limited judicial precedent directly about memes, satire, and fair dealing. 

A widely-circulated claim on social media said anyone could be fined ₹3 lakh or jailed for posting a "Hakla Shah Rukh Khan" meme. This caused panic among users, but fact-checkers confirmed it was completely fake; no such law exists in India.

This shows how people often confuse satire with real legal rules and why understanding the law matters.

Memes are one of the defining digital cultures of the internet — a powerful tool for humour, commentary, and connection in India's digital age. However, just because something goes viral does not mean it is free from legal consequences. Understanding copyright, fair dealing, and free speech can help individuals stay creative without infringing on others' rights or facing legal trouble.

As Indian law evolves and courts eventually answer more meme-related disputes, creators will gain more clarity. Until then, the safest approach is to make memes and other content responsibly. Even though Indian courts have not yet heard a major case specifically about meme copyright, legal experts say that creators could still be sued for copyright infringement if they use someone else's images or material without permission, mainly if the content is used to make money or for commercial purposes. 

1. “Copyright Provisions pertaining to ‘Internet Memes’ in India,” CSIPR, NLIU (last visited 16^th Dec, 2025) https://csipr.nliu.ac.in/copyright/copyright-provisions-pertaining-to-internet-memes-in-india/ 

2. “Memes and Their Protection under Copyright Law,” Jus Corpus PDF (2023) (last visited 16^th Dec, 2025)  https://www.juscorpus.com/wp-content/uploads/2023/01/69.-Aishwarya.-K.pdf 

3. “From LOL To Law Suits: The Clash Between Memes and Copyrights,” Mondaq (2025) (last visited 16^th Dec, 2025)