A quick update from 2024: Plot twist, but the rights-infringing kind

If you think the Broadcasting Bill, 2023 shared for public consultation is bad, wait till you hear what the Ministry has been up to. The MIB has conducted 4(!!) closed door meetings (that has been reported upon so far) with selective industry representatives, without representation from civil society, journalists, or other key stakeholders. Further, each shared copy of the revised bill bears a watermark across every page that is unique to the stakeholder so that the MIB can trace leaks. Stakeholders were also asked to give an undertaking that they would not share the Bill further (a minute please… we’re left speechless).

Consultations cannot be exclusive!

Ministerial deliberations serve to inform the government about the key regulatory and policy issues, and thus should be attended by stakeholders representing diverse citizen interests and perspectives. We wrote to them demanding a broad-based, public consultation on the revised Bill given its grave implications.

Revised Bill, Renewed Threats

As per the revisions, individuals posting ‘news and current affairs’ may now be considered as ‘Digital News Broadcasters’ and may become subject to a ‘Code of Conduct’ (read Code of Content Policing) similar to the one applicable to cable TV broadcasters (that’s great because news journalism on TV is thriving).

The revised bill reportedly introduces definitions for “professional” & “systematic activity”. However, they are so ambiguous & vague that they don’t alleviate our concerns & instead amplify them - prompting us to ask if we (IFF) & YOU, as a commentator on current affairs, will end up getting covered under the Bill.

The revised definition of “news and current affairs programmes” will reportedly now also include ‘texts’! Oh and lets not forget - the Bill lays down extensive penalties for platforms for failing to take down offending content, including potential loss of safe harbour privileges – this would mean direct liability for third-party content for platforms like Twitter, Instagram, Reddit, etc.

You can see why we’re worried. However, there’s still time!! The Bill, with all of its changes, is yet to go through the Union Cabinet in order to be tabled in Parliament. Amplify & engage - ask MIB to #KillTheBill.

(Archived): Time to act!

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First they came for radios, then they came for television, then cinemas, and now they are coming for your favourite Netflix shows, YouTubers and independent news channels. The Ministry of Information and Broadcasting, in its recently released draft Broadcasting Bill, has proposed the inclusion of “OTT” broadcasting services, such as Netflix, Disney Hotstar, Jio cinema under its regulatory ambit, which originally only governed the traditional broadcasters such as Cable TV and Radio.In what seems to be an attempt to stifle journalistic speech and expression, the Bill extends regulatory compliance to individuals who broadcast news and current affairs programs through a digital medium, including a website or a social media platform.

Every broadcaster covered under MIB’s regulatory ambit will be required to comply with a Code prescribed by the Union government, failure to do so which will lead to monetary penalties or even imprisonment. The application of such ethical codes on broadcasters, whether an OTT platform or a journalist, will have serious consequences for online free speech and artistic creativity. We may soon see speech expressing satire, irony, sarcasm, dissent, anger, even maybe portrayals of facts and hard-hitting truth, that may not be palatable to the Union or politically influential and powerful communities, being censored or prohibited. Given MIB’s historical baggage with paternalistic regulation, moral policing, and censorship of curated content as well as news media, this bill may very well alter the digital space, for creators and consumers alike.

Stop the government from moral policing your viewing choices online. Stop the government from censoring independent news analysis creators. We are asking MIB to kill the bill before it changes the course of expression of speech online. Write to MIB today and ask them to #LetUsChill!