Facing criticism from several quarters and stakeholders amid concerns over restrictions on the social and digital media space, the Union ministry of information and broadcasting (MIB) decided to put on hold the new draft of the Broadcasting Services (Regulation) Bill, 2024. Editors Guild of India (EGI) and DigiPub News India Foundation, which represents more than 90 digital news publishers, have criticised MIB for holding closed-door consultations with a limited group of stakeholders.
In a post on X, MIB says on 10 November 2023, it placed the draft bill in the public domain along with the explanatory notes for the comments of the stakeholders and the general public. "In response, multiple recommendations, comments and suggestions were received including from various associations. (The) ministry is holding a series of consultations with the stakeholders on the draft bill. Further additional time is being provided to solicit comments and suggestions till 15 October 2024. A fresh draft will be published after detailed consultations."
Last month, EGI wrote letters seeking support from the leaders of opposition parties to raise issues of press freedom and the right to information in Parliament. EGI also flagged concerns about the Digital Personal Data Protection Act, Broadcast Services Regulation Bill, Press and Registration of Periodicals Act and the IT Rules 2021 and subsequent amendments to it in 2023.
"We believe that a free and independent press is vital for the health of our democracy, and it is imperative that these legislative measures are revisited to safeguard these fundamental principles," the Guild says in the letter.
EGI says, "Our general concern in all these legislative measures is that they were taken without adequate stakeholder consultation and parliamentary scrutiny in the drafting and passing of these laws. They carry provisions that are vague and overbroad, which could be misused to restrict legitimate journalistic activities. These provisions give sweeping powers to a wide array of government authorities and agencies to take actions that can have a potential chilling effect on journalism and press freedom due to increased government control and punitive measures." (
Read: Editors Guild Seeks Support from Opposition Parties in Raising Press Freedom Issue in Parliament)
According to DigiPub, the new provisions in the Broadcast Bill have far-reaching consequences for press and creative freedom, the operational viability of digital content creators and the broader implications for India's digital ecosystem.
The new draft Bill aims to include YouTube creators under its ambit by creating a new category called 'digital news broadcaster', defined as any person who broadcasts news and current affairs programmes systematically through various online mediums.
The Bill also imposes legal obligations on independent creators. If a creator is categorised as a digital news broadcaster, he or she must inform MIB about the work and existence and appoint one or more content evaluation committees at their own expense.
The Bill also has penal clauses. For instance, operating a broadcasting network without a valid registration is punishable by a fine of up to Rs10 lakh, imprisonment of up to two years, or both. Subsequent offences will attract a fine of up to Rs50 lakh or, imprisonment of up to five years, or both. Penalties against registered entities will be based on their size, which will be determined as per their turnover and investment, the draft Bill says.
As per the draft Bill, the Union government can pass orders on whether a particular content violates the programme code. This will also apply to content or news which may be critical of the government.
In addition, there is no provision for a mechanism to appeal against orders issued by the Union government. The broadcast advisory council (BAC) has powers only to make recommendations. The Union government will take the final decision based on the recommendations from the BAC, which again are not binding.
The draft Bill does not provide for a mechanism to appeal against decisions of the Union government. The powers given to the Union government under the new draft Bill include deleting or modifying the programme or advertisement and/ or directing the channel to be off-air for a specified number of hours or days.
According to the draft Bill, news entities covered under the ambit must also set up content evaluation committees (CECs), be a part of self-regulatory organisations (SROs), and adhere to the programme and advertisement codes. These provisions are to be followed irrespective of the size of the news entity. For example, an individual termed as a news entity will be subject to regulations like setting up a CEC and joining the SRO if there are many views of the videos or more subscribers.
No wonder the latest draft of the Bill drew significant concerns over some of the provisions and how the consultation process was being carried out.
there have been millions of videos which has been blocked arbitrarily without giving any explanation
is this what freedom, liberty and democracy which we all achieved after throwing the Britishers out ??
there have been millions of videos which has been blocked arbitrarily without giving any explanation without any bills!!
is this what freedom, liberty and democracy we all achieved after throwing the Britishers out ??