New Delhi: The Ministry of Information and Broadcasting (MIB) has set off a flurry of speculation over the status of the Broadcasting Service (Regulation) Bill, and also of the government’s intentions on important matters of Freedom of Expression.
The Ministry of Information & Broadcasting has said on social media, that it “is working on a Draft Broadcasting Services (Regulation) Bill. The draft Bill was placed in public domain on 10.11.2023 along with the explanatory notes for comments of the stakeholders and the general public.”
It has attached a version of the draft made public last year. It goes on to say, “in response, multiple recommendations/ comments/ suggestions were received including from various Associations. Ministry is holding a series of consultations with the stakeholders on the draft bill. Further additional time is being provided to solicit comments/suggestions till 15th October, 2024. A fresh draft will be published after detailed consultations.”
Last month, in one of the first things the BJP-led NDA government did after being re-elected on June 4, but without being able to secure a full majority, was putting out about 14 copies of watermarked versions of a variation of the December draft to select ‘stakeholders’. There was no public consultation, instead an expectation that the watermark would ensure that the specific, draconian clauses, calling for the drawing of all kinds of social media posts and commentators being drawn into the so-called regulation regime and treated at par with big news broadcasters would not make its way to the public.
But a barrage of criticism and concern followed, with media persons, individual YouTubers and industry too making its discomfort with the Bill very apparent. Moneycontrol writes that the bid “to designate news influencers as digital news broadcaster, and other creators as OTT Broadcasting Service. The draft bill said that within a period of one month from the notification of this proposed legislation, OTT broadcasting service operators and digital news broadcasters will have to provide an intimation to the Union government about their operations.”
It also says that the now withdrawn draft bill “also proposed several other compliance requirements of creators, a move which has evoked concerns of stifling of freedom of speech and censorship.”
Once news got out on Monday, August 12, that the government has also asked for a return of the physical copies of the second draft it had put out, critics of the bill saw it as the Modi government putting the bill on ice.
It was after several news stories appeared on the MIB asking for the draft bill back, without comments, that the MIB came up with this statement.
Now, another set of questions have emerged and remain unanswered. Digital privacy rights group Internet Freedom Foundation has said, “the Ministry’s private deliberation and action has left us in the dark yet again, with no insight into what the real reasons are for this step, what provisions, if at all, are being reconsidered by MIB, and if a new version will be released for public consultation.”
1. Which version of the draft are you extending further time for comments? BRS, 2023 or BRS, 2024?
2. Have you published an official notice for it if it is for the BRS, 2023? Can the public send further comments to it?
3. If not, are you extending time for comments to the…
Advertisement— Apar (@apar1984) August 12, 2024
The old draft version the Ministry is referring to had all draconian features of a fully controlled media environment and a bid to push digital media into government and executive control. Right to Information or RTI applications had at least partially revealed the negative feedback that MIB had got after the first draft was circulated.
It remains to be seen if the BJP, now with 63 fewer MPs and not having a majority of its own in the Lok Sabha would be more restrained and less able to push with its earlier agenda of seeking to control all media and expression, as made clear under the infamous IT Rules. The Rules have been stayed by at least two High Courts.
You can read here in detail on the older Draft that the government has now said it wants comments on till October 15.
