A Threat to Our Right to Know
The Draft Broadcasting Bill Raises Concerns
Newsreel Asia Insight #64
Dec. 5, 2023
The draft Broadcasting Services (Regulation) Bill, 2023, emerges as a significant concern for every Indian who values their right to information. This proposed legislation, aiming to overhaul India’s broadcasting framework, carries with it the heavy shadow of censorship, particularly threatening the freedom of journalists and online media outlets.
Published recently by the Ministry of Information and Broadcasting, the bill seeks to replace the Cable Television Networks Regulation Act of 1995.
The bill extends its reach to include not just traditional broadcasting mediums but also digital news platforms and over-the-top (OTT) media services as well as individual bloggers and YouTube journalists, as noted by Scroll.in on Dec. 3. It could also include WhatsApp and Telegram channels, as per Hindustan Times.
The bill proposes a system of “self-regulation” through content evaluation committees. However, these are not as autonomous as they sound. The government retains the power to prescribe operational details of these committees, effectively holding the reins of content control.
Moreover, the bill establishes a Broadcast Advisory Council, advising the Union government on violations of the programme and advertisement code. This adds another layer of governmental oversight, further tightening the noose around free speech.
The bill’s approach to lumping together cable TV and online broadcasting under a single regulatory umbrella fails to acknowledge the fundamental differences between these mediums. The internet, unlike traditional broadcasting, offers a low barrier to entry for content creators and a diverse choice for consumers, as noted by lawyer Shruti Narayan, a Fellow, Policy and Advocacy, Asia Pacific at Access Now, in the report by Scroll.in. This diversity is at risk if both mediums are regulated identically, she warns.
The bill’s implications for journalistic freedom are particularly alarming. By bringing digital news published by individuals under its regulatory scope, it threatens the very essence of independent journalism. Journalists, especially those operating on digital platforms, could find themselves ensnared in a web of compliance and censorship, dissuading them from reporting on issues that might be unpalatable to those in power.
The penalties for non-compliance are severe, ranging from content censorship to fines and even cancellation of registration. This punitive approach could stifle journalistic endeavour, leading to a sanitised media landscape where only government-approved narratives thrive.
The broadcasting industry is apprehensive about the clauses that permit government officials to confiscate equipment from various entities, including TV channels, OTT platforms, digital news outlets, as well as broadcasting networks like Cable, DTH and IPTV, according to a report in The Economic Times. This action can be taken if they are found to be in breach of the proposed act or its associated rules.
The broad definition of news and current affairs in the bill is another concern. News is characterised as any fresh or significant audio, visual, or audio-visual content, or live broadcasts, encompassing analyses of recent occurrences, predominantly in the socio-political, economic, or cultural spheres, according to the Times report. Additionally, any content aired or relayed on a broadcasting network qualifies as news if its context, intent, significance, or interpretation suggest as much.
It is vague enough to encompass a wide range of content, potentially subjecting even individual bloggers and YouTube journalists to its stringent regulations, Tejasi Panjiar, Associate Policy Counsel at the Internet Freedom Foundation, told Scroll.in. This overreach could have a chilling effect on the vibrant community of independent content creators who have been instrumental in bringing diverse perspectives to the fore.
The bill also raises serious privacy concerns. With provisions that could require OTT platforms to track user locations and the government’s ability to intercept data, there is a looming threat of surveillance. This not only infringes on individual privacy but also creates an environment of fear and self-censorship.
Internationally, the response to such regulatory moves has been telling. Major OTT platforms like Netflix and Amazon Prime have already begun withdrawing content from Indian markets, fearing censorship. This retreat is not just a loss of entertainment options; it signifies a shrinking space for diverse narratives and global perspectives.
It is essential to remember that the right to information is not just a journalistic privilege but a public right. When the government controls the flow of information, it controls the narrative, leaving little room for dissent or debate.
