On the evening of August 1, a #KillTheBill and #StopTheBroadcastBill tweetstorm went viral on social media platform X. Spearheaded by independent news and digital content creators, it attempted to create awareness about the draconian Broadcasting Services Regulation Bill 2024 that the Narendra Modi government intends to make into law.
That the Modi government wanted to bring in comprehensive legislation to replace the dated Cable Television Operators Regulation Act 1995 was evident last year. A 2023 Broadcasting Regulation Bill draft was circulated in November asking for public feedback. It was extensively criticized for “erecting a censorship system for online content” and increasing government power.
After Modi 3.0 was sworn into office on June 4, 2024, the Broadcast Bill was back on the agenda, albeit now, it was shrouded in secrecy. Within a month, a new avatar titled the Broadcasting Services Regulation Bill 2024 was being discussed with selective “stakeholders.”
The bill was aimed at regulating the content of all broadcasting networks, including television channels, OTT channels, radio, online audio and video content. OTT channels with a specified threshold of subscribers, for instance, would be required to comply with a prescribed program code.
Significantly, the 2024 draft bill is not in the public domain. Stakeholders with whom the bill has been shared have apparently been given watermarked versions, to ensure secrecy.
The new Broadcast Bill, it has now been ascertained, is drastically different from the earlier version since it includes a new category of “Digital News broadcasters” under its ambit. A digital news broadcaster has been defined as any “individual” and not just Indian citizens who broadcast news and current affairs programs through “online paper, news portal, website or social media.”
It is not a coincidence that the proposed bill could also extend to foreigners like YouTuber Dhruv Rathee, who has been extremely critical of the Modi government. It is an acknowledged fact that Rathee’s YouTube videos exposing the dictatorial nature of the Modi regime in the run-up to the 2024 polls had tremendous influence over voters. In an earlier article in The Diplomat, I highlighted how in the backdrop of a pliant mainstream media, several social media content creators were speaking truth to power with their incisive political commentary. Their impact, along with several other factors, contributed to the ruling Bharatiya Janata Party’s failure to secure an absolute majority in parliament. The government was desperate to restrict these popular YouTubers and content creators.
Apar Gupta, lawyer and co-founder of the Internet Freedom Foundation, wrote in The Hindu that the bill is a “digital authoritarian project” to enforce censorship and works towards creating “a digital license raj.”
Incidentally, as several media analysts have pointed out, the vague terminology in the bill leaves several questions and ambiguities about its scope. For instance, in the detailed wordings of the bill, apart from audio and video content, “News and current affairs” has been described as including “textual content,” leading to apprehensions that the government wants to exercise control over what individual users tweet or write on platforms like X.
The bill is unmistakably an assault on free speech and expression. As per its provisions, broadcasters including social media content creators will have to inform the government and register themselves with the authorities. Failure to do so will invite penal action, including hefty fines of $60,000. This could spell a death knell for independent news creators, who operate on small budgets and with limited resources.
In what is clearly a harkening back to the license-raj of the infamous Emergency era (1975-1977), the registration certificates need to be periodically renewed and one can logically surmise, subject to the discretion of the government. Failure to comply with the stipulated conditions could lead to suspension and even cancellation of the registration.
Apart from mandatory registration, the proposed regulatory framework stipulates that broadcasters will have to set up, at their own cost, a Content Evaluation Committee comprising members from diverse fields to see if the content/ program is fit for public consumption. They will also have to appoint a grievance officer to answer every complaint and objection from the public. Grievances can thereafter be escalated to the proposed Broadcast Advisory Council. Based on the recommendations of the Broadcast Advisory Council, the central government e could get programs or content taken off-air, or from internet platforms or even suspend broadcaster registrations.
Expectedly, press and journalist bodies have spoken out against what they term as arbitrary measures to restrict press freedom. What has also rankled is the blatant opacity of the drafting exercise as it did not include stakeholders such as journalists and social media content creators in the discussions.
Opposition INDIA parties have criticized the bill. Congress leader Priyanka Gandhi took to X to remind the government that press freedom in India was won through a hard battle and was a legacy of our freedom fighters. In a detailed post on X, Congress Communication head Pawan Khera listed why the bill threatens freedom of speech and independent media. He lambasted the bill for paving the way for “excessive surveillance in the online world.” Khera pointed out the chilling impact of the draconian clauses in the bill, which would lead to “pre-publication censorship.”
That the bill is aimed at cracking down on independent journalists and critical social media creators is clear from the wide discretionary powers that it bestows on the government to exclude certain digital news broadcasters from complying with the stringent requirements of the bill. On closer examination, the bill gives the government the clear prerogative to permit and regulate online content and thereby control the narrative.
During his second term, Modi’s image of invincibility gradually wilted. Therefore, the attempt in Modi 3.0 is to silence all voices that highlight his authoritarian tendencies and demand accountability from the regime. The Broadcast Bill with its curbs on free speech, is an assault on India’s democracy and the fundamental rights of its citizens.