The Editors Guild of India (EGI) expressed concerns this week over the draft
Broadcasting Services Regulation Bill, arguing that the enactment of the bill could establish a broad censorship framework for broadcasting services, particularly affecting news broadcasting.
The EGI’s statements were issued in response to an invitation for commentary on the bill extended by the
Ministry of Information and Broadcasting (MIB). The bill, initially posted by the MIB on November 10, 2023, has raised concerns due to the extent of authority it potentially grants the central government. EGI’s primary worries lie in the government’s power to censor content and block its transmission on nebulous grounds, along with the ability of the government to effect a “system of self-regulation that allows govt great control”.
EGI’s official statement highlighted concerns that the legislation could undermine the spirit of freedom of speech and freedom of the press, both fundamental rights secured by India’s constitution.
The Broadcasting Regulation Bill proposes to supersede the Cable Television Networks Regulation Act of 1995 (CTN Act), which currently regulates the nation’s cable TV operators and TV channels. Provisions of the new bill could significantly broaden the MIB’s regulatory authority to include over-the-top (OTT) and digital news platforms in addition to TV channels and FM radio. Moreover, it also seeks to regulate distribution platforms like cable TV, direct to home (DTH), Internet Protocol Television (IPTV), and headend in the sky (HITS).
An interesting clause is that the bill does not cover social media intermediaries as they are already regulated under the Information Technology Act, 2000.
The Internet Freedom Foundation similarly voiced concerns about the bill’s implications, particularly with its application to OTT platforms. It alluded to MIB’s “historical baggage” of conventional regulation and censorship of traditional media formats, such as radio, cinema, and television broadcasting, as a mark of caution for the proposed extremity of power allotted to MIB.
The Broadcasting Services Regulation Bill is another step towards regulating the digital space, with recent legislation such as the Digital Protection Act and the Telecommunication Act already in effect. However, it’s important to note that India’s regulation-heavy approach hasn’t gone unnoticed on the global stage, with a ranking of 161 out of 180 countries in the World Press Freedom Index in 2023, published by Reporters Without Borders.