In What Shape Will India's Draft Broadcast Bill Make A Comeback?

Sources in the Ministry of Information and Broadcasting say that the bill may be brought before Parliament in the winter session of Parliament itself. A fresh draft is likely to be put up soon for another round of consultation. 

Since the circulation of the second draft, which has now been withdrawn, there has been seething criticism on social media and the international broadcasting space on the intent and content of the Bill. Certain parties have even called it “a means to subvert freedom of speech” by bringing content-creators under the ambit of severe monitoring and punitive scrutiny.

The draft first glimpsed in the public domain in November 2023, proposed an overhaul of the regulatory framework for Indian broadcasting services. However, it soon became the epicenter of a hot debate, with detractors claiming that it was shared for feedback with only a select few, raising transparency concerns.

That and the continuing backlash have prompted the Ministry of Information and Broadcasting (MIB) to reconsider the move, for now.

Sources also admitted that the Government is studying the regulatory practices followed by developed nations in policing online media and other external audience-reaching platforms in order to reframe the draft before putting it up in public space.

How Is Media Governed In Other Countries?

There are no stringent penalties in much of the world to monitor news content, but countries are waking up to the need to put tougher norms in place. A trigger has been untoward incidents in some nations after the airing of provocative news. Recently, racist riots erupted in parts of the UK after the airing of ‘false news’.

Watchdog Ofcom, which licenses broadcasters and enforces content standards in the UK, is now attempting to change regulations to monitor errant broadcasters.

Presently conducting a mid-term review to check its efficacy, Ofcom is empowered to ascertain whether any broadcaster has “breached the code”, and decide whether the breaches are “serious, deliberate, repeated, and/or reckless”.

If found in breach, broadcasters are censured and sanctions issued, including a direction to broadcast a correction or apology, financial penalties, shortening or suspension of the licence, and even revocation of the licence altogether.

In Australia, the Broadcasting Services Act 1992 sets out the regulatory framework. The country has in place various groups to monitor news content and report “violations, inadequacies, and wilful mischief-mongering”.

Among them are federal, regulatory, and administrative authorities, non-government regulatory bodies, government bodies, and advocacy groups. Together, they are tasked with wielding the stick, as and when required.

Canada enforced the Broadcasting Act in April 2023, expanding the Canadian Radio-television and Telecommunications Commission’s oversight of broadcasting firms. Government, civil rights groups and broadcasters monitor content and are tasked with reporting breaches and imposing fines.

The US, where social media giants like Meta, Google, and Instagram are based, imposes next to no action on broadcast or content. While social media posts do create skirmishes at times, the US has learnt to live with this.

A Northeastern survey said nations differ from the US in the regulation of broadcasting entities – notably, South Korea and Mexico favour stricter content monitoring.

“Governments worldwide have debated norms to curb misinformation and hate speeches that proliferate in the media,” the report said. “There is no global formula for effective management – each geography and country have to come up with a unique plan to fit in with societal, emotional and religious maturity,” the report said.

India Needs To Find Its Own ‘Right Fit’

In essence, officials and experts say this implies that India should find its own ‘right fit’ – through a mix of dialogue, debate, and consultation between all concerned parties. However, that has not been the case in this contentious draft bill.

The draft has given sleepless nights to the million Indians involved in the creation of news and current affairs content for dissemination over various platforms.

The second draft circulated by MIB said: “The Bill aims to address the ambiguities identified in the draft tabled in November 2023.” That first draft saw content creators getting into a huddle in December, triggering outcry against the proposed Bill, claiming this would empower the Government to censor all programmes.

That saw news organizations and content creators call for a hasty conclave, with Digipub – an organization of 100 digital media, independent journalists, and commentators – chairing the dissent.

“This will imperil encrypted communication, make it easier to shut down the Internet and intercept communications with no accountability,” Digipub said.

The Government has rubbished any such intent to enforce censorship or impose restrictions on the media. “The Centre is only pushing for a consolidated framework to organise the broadcasting sector, replacing all existing policies,” it said.

India Has Been Considering Stern Action

However, the few glimpses that some have had of the draft indicate that all persons and organisations using social media and related platforms would be brought under the scope of the Bill.

It is this assertion that has creators jumping through hoops, especially those who use social media to share their current affairs-related multimedia content.

From the perspective of "news content creators", the largest pain point is the re-classification of "news broadcasters" as a profession. The second draft defined ‘professional’ as a “person engaged in an occupation or vocation” and "systematic activity" as “any structured or organised activity that involves an element of planning, method, continuity or persistence”.

The international media and broadcasting segments are also watching developments closely, as any such Bill could change the entire reporting platform in India.

Much has been spoken and written on this subject over the last many months. This space will continue to be keenly watched – not only to try and understand what the final law will eventually look like in India but also to understand how much the new coalition government is willing to accommodate diverse views from the media - new and old.