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India's Proposed Broadcasting Bill Raises Concerns Over Censorship and Government Control

2024-02-13 14:30:52.944000

India's Ministry of Information and Broadcasting has proposed a new draft broadcast bill that aims to replace the existing regulations for the broadcasting sector. The bill, which has raised concerns about censorship, press suppression, and lack of clarity in regulation, introduces a system of self-regulation through content evaluation committees, giving the government significant control over these bodies. The bill extends cable television regulations to online entities, which experts argue is problematic as the internet provides greater availability of information and choice. The inclusion of digital news published by individuals under the regulatory ambit raises concerns for online free speech and journalistic expression. Failure to comply with the provisions of the bill may result in penalties ranging from censorship of content to fines and registration cancellation. The bill also allows for the prohibition of broadcasting in certain regions, requiring over-the-top platforms to track user locations. Experts suggest that the regulation of the broadcasting domain should be independent of executive control and inspired by principles of consensual content viewing. They also emphasize the need to address market concentration and potential monopolies in media and broadcasting.

The Editors Guild of India (EGI) has called out the draft Broadcasting Services Regulation Bill, 2023 for being 'vague and excessive'. In its submission to the Ministry of Information and Broadcasting (MIB), EGI expressed concerns that the bill would be 'adverse to the spirit of freedom of speech and freedom of press guaranteed by the constitution.' EGI highlights concerns about the lack of definitions for 'news and current affairs' and 'systematic business, profession or commercial activity', making the provisions regulating news services vague and worrisome. The bill also does not clarify whether a threshold of subscribers/viewers will be prescribed for who qualifies as a broadcaster [15068100].

The National Alliance of Journalists (NAJ), the Delhi Union of Journalists (DUJ), and the Andhra Pradesh Working Journalists Federation (APWJF) have also expressed reservations against the proposed Broadcasting Services (Regulation) Bill 2023. These journalist associations argue that the bill is a step towards expanding censorship and increasing government control over various media platforms. They believe that the bill blurs the distinction between journalism and content creation and includes provisions that could muffle independent voices. The associations call for the bill to be rolled back and suggest the formation of a common body like a Media Commission of India to address self-regulation. They also criticize the bill for being silent on media ownership concentration. The bill comes after the Telecom Act of 2023, the Digital Personal Data Protection Act, 2023, and the IT Amendment Rules, 2023 [cdfee184].

Under the present regime, censorship muscle is being directed at print, television, and digital mediums through various acts and rules. The Broadcasting Services (Regulation) Bill, 2023, IT Rules of 2021 and 2023 amendments to Press and Registration of Periodicals Act, 2023 are all part of the censorship efforts. The government is in a hurry to pass these bills, despite concerns raised by experts and professionals. The Editors Guild of India has expressed deep concern about the new Press and Registration of Periodicals Act, which widens the powers of the State and imposes restrictions on citizens. The Cable Act and the Cable Television Networks (Amendment) Rules in 2021 have also created regulations for television content. The IT Rules amendment of 2021 has faced challenges in various High Courts. The rules have been criticized for going beyond the powers delegated under the Act, overbroad grounds for restricting online content, lack of procedural safeguards, and privacy concerns [14d8033e].

This proposed bill is part of the Indian government's efforts to regulate streaming platforms and online content. It aims to bring platforms like Netflix, Disney, and Amazon under the purview of the Ministry of Information and Broadcasting. The bill introduces Content Evaluation Committees (CECs) to evaluate and certify the content produced by these platforms. However, critics argue that these measures could lead to censorship and excessive government control.

The pressure on streaming platforms to self-censor has intensified, particularly due to the influence of the ruling Bharatiya Janata Party (BJP) in India. Netflix and Amazon's Prime Video have been forced to make extensive changes to political plots and remove references to religion that might offend the Hindu right wing or the BJP. Projects dealing with India's political, religious, or caste divisions are declined or dropped midway through development. This culture of self-censorship has resulted in completed series and films being abandoned and withheld from viewers worldwide. The Indian government has introduced a system of self-regulation for streaming companies, and failure to resolve viewer complaints can result in regulatory scrutiny. The pressure from the BJP and its supporters has led to a decline in creative content and a focus on sanitized, non-controversial material.

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