Sidebar commentary on this regulation being unusually full of obtuse legalese.
I believe, one of the reasons why this regulation is somewhat obtuse, is because this entire situation is a tricky one to regulate for a market regulator like SEBI, without overstepping their authority. I mean how does one regulate something beyond one’s scope/responsibility.
Also, coming-up with regulations is just one aspect,
coming-up with regulations that are practically enforceable
that too in time to prevent undesirable behavior. Super-Tricky!
I found it impressive how this was achieved with a combination of -
All said, with the huge amount of financial incentive to continue exploiting the unsuspecting masses (until financial awareness catches-up with the average investor), i expect “Finfluencers” and “FinTech” are busy finding the next level of loopholes to exploit.
Regulatory arbitrage anyone?
TL;DR: According to the latest regulations, providing any recommendations (direct/indirect), or any implications on the performance of, or the returns from any security in the market, is explicitly considered as NOT education. So, one must not comment on real-time data, especially implying something about the value of a security in the near immediate future (on a chart, or otherwise) without being regulated, but instead in the name of education.
On the topic of - Is real-time data really required for teaching/learning ?
Strictly speaking, am not quite sure why this needs real-time data.
Agreed that looking at historical charts is not the same as live-charts with the current candle being updated tick-by-tick. However, one doesn’t need real-time data to teach/learn/practice trading on live charts. What one can use is tick-by-tick historical data. One can replay that on a chart and teach all the nuances one is interested in, without providing any form of “blindly copy-paste-able” trade-calls / stock-tips on real-time data.
Trying to teach/learn unprecedented specific patterns/behavior in the markets that was never before seen in historical tick-by-tick data? Use synthetic/mock data with the necessary patterns instead.
On the topic of - Difference between regulated Advisors/Analysts and Educators
IMHO, sure.
Registered Investment advisors, Research Analysts, that follow the respective relevant compliances/audit regulations could engage in such advisory initiatives. What they do not do is skip regulatory compliance by labeling themselves unregistered educators.
NOTE: Any registered analysts/advisors reading this,
please chime-in to clarify/correct anything that i might be missing here.
Note: Maybe it is just the way it is written here that makes it sound like one is looking for stock-tips.
If learning is indeed the genuine concern, please refer to the last point below.
IMHO, in this specific scenario, what one is looking for is not education, rather specific investment advice. Registered investment advisors or research analysts should fit the bill here.
On the topic of - How do these regulations affect me, a student of the markets?
Sounds Good 
a. Registered individuals and entities can continue to provide advice/services they are qualified/certified for, and are being regulated.
b. Unregistered educators can respond to specific queries that an individual poses.
- while remaining compliant with SEBI guidelines to not provide any direct/indirect recommendation, or imply any performance/returns of any security.
With these recent regulations clarifying educating vs. advising, one can be more assured that a legal mentor one picks (either an unregistered educator, or a registered advisor, or a registered analyst, …) is now more likely to have their incentives aligned with oneself (student).
(Reminder that IANAL, this is not financial/legal advice)
As an example, i believe,
an unregistered educator
when asked about a proposed trade in the real-time market,
that their student is planning to enter into -
- could point to similar scenarios in the past on how some security had behaved.
- should NOT make future projections on real-time data,
nor imply that identical behaviour from the past is guaranteed now.