Editorial: Towards stifling censorship

The draft broadcasting law has many holes that raise fears of sweeping control by the government

The draft broadcasting law unveiled by the NDA government to regulate both traditional broadcasters and streaming giants has many holes that raise fears of sweeping control by the government. The proposed Broadcasting Services (Regulation) Bill, 2023, which has been opened for public feedback, seeks to bring streaming platforms like Netflix, Disney and Amazon entirely under the purview of the Ministry of Information and Broadcasting, streamlining various laws and policies within a comprehensive framework. One of the key concerns is the proposal to make it mandatory for every broadcaster, including the OTT (Over-the-Top) players, to establish Content Evaluation Committees (CEC) to ostensibly promote ‘robust self-regulation’. These CECs will be responsible for evaluating the content produced by streaming platforms, ensuring that it adheres to the standards set by the government. This move is seen as a significant shift from the existing scenario, where streaming platforms have enjoyed greater creative freedom compared to traditional media. A broadcaster will be required to inform the government the names, credentials and other details of members of a CEC on their websites. Another area of concern is that the proposed law grants the central government increased powers to regulate not only streaming platforms but also services “other than broadcasting services that are intricately linked to broadcasting networks or broadcasting services.” Furthermore, the law gives powers to the government to regulate any online creator or news media platform, signalling a more comprehensive approach to content oversight. While the government insists that these measures are necessary to ensure responsible content creation, this could lead to censorship and excessive government control.

Some experts have warned that a historic opportunity to liberalise the broadcast sector has been squandered away by the Centre because of its paternalistic mechanism of censorship. The proposed CECs, coupled with excessive government control, could stifle creativity and artistic expression. Also, a Broadcast Advisory Council is being proposed which will be packed with government representatives. The broadcasting law, which seeks to replace the Cable Television Networks (Regulation) Act of 1995 and other policy guidelines currently governing the country’s broadcasting sector, comes in the wake of mounting scrutiny on streaming companies operating in India, especially regarding content-related issues. Platforms like Netflix and Amazon have garnered immense popularity in the country, with the sector poised to become a $7-billion market by 2027. However, some of the online shows have drawn criticism from lawmakers and the public for scenes perceived as vulgar or offensive to religious sentiments. In a country where all films shown in cinemas are subjected to review and certification by a government-appointed board, streamed content has remained exempt from this process, leading to concerns about content standards and potential negative influences on the audience. Any regulatory framework must be created keeping in mind the strengths of the Indian digital space — it has thrived on creativity and expression.

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