India’s New Broadcasting Bill 2023 and the Future of Media Freedom
Introduction
The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.
The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.
Defining the certain Clauses of the bill
Clause 1 (dd) - The Programme
In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.
Clause 2(v) - The news and current affairs
Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.
Clause 2(y) Over the Top Broadcasting Services
Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.
Clause 4(4) - Requirements for Broadcasters and Network Operators
The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.
Clause 27 - Advisory Council
The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.
A Way Forward
It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.
The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.
References
- https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
- https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
- https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html
Related Blogs
.webp)
Introduction
India's broadcasting sector has undergone significant changes in recent years with technological advancements such as the introduction of new platforms like Direct-to-Home (DTH), Internet Protocol television (IPTV), Over-The-Top (OTT), and integrated models. Platform changes, emerging technologies and advancements in the advertising space have all necessitated the need for new governing laws that take these developments into account.
The Union Government and concerned ministry have realised there is a pressing need to develop a robust regulatory framework for the Indian broadcasting sector in the country and consequently, a draft Broadcasting Services (Regulation) Bill, 2023, was released in November 2023 and the Union Ministry of Information and Broadcasting (MIB) had invited feedback and comments from different stakeholders. The draft Bill aims to establish a unified framework for regulating broadcasting services in the country, replacing the current Cable Television Networks (Regulation) Act, 1995 and other policy guidelines governing broadcasting.
Recently a new draft of an updated ‘Broadcasting Services (Regulation) Bill, 2024,’ was shared with selected broadcasters, associations, streaming services, and tech firms, each marked with their identifier to prevent leaks.
Key Highlights of the Updated Broadcasting Bill
As per the recent draft of the Broadcasting Services (Regulation) Bill, 2024, social media accounts could be identified as ‘Digital News Broadcasters’ and can be classified within the ambit of the regulation. Some of the major aspects of the new bill were first reported by Hindustan Times.
The new draft of the Broadcasting Services (Regulation) Bill, 2024, proposes that individuals who regularly upload videos to social media, make podcasts, or write about current affairs online could be classified as Digital News Broadcasters. This entails that YouTubers and Instagrammers who receive a share of advertising revenue or monetize their social media presence through affiliate activities will be regulated as Digital News Broadcasters. This includes channels, podcasts, and blogs that cover news and utilise Google AdSense. They must comply with a Programme Code and Advertising Code.
Online content creators who do not provide news or current affairs but provide programming and curated programs beyond a certain threshold will be treated as OTT broadcasters in case they provide content licensed or live through a website or social media platform.
The new version also introduces new obligations for intermediaries and social media intermediaries related to streaming services and digital news broadcasters, and, in contrast to the last version circulated in 2023, the latest also carries provisions targeting online advertising. In the context of streaming services, OTT broadcasting services are no longer a part of the definition of "internet broadcasting services." The definition of OTT broadcasting service has also been revised, allowing content creators who regularly upload their content to social media to be considered as OTT broadcasting services.
The new definition of an 'intermediary' includes social media intermediaries, advertisement intermediaries, internet service providers, online search engines, and online marketplaces.
The new Bill allows the government to prescribe different due diligence guidelines for social media platforms and online advertisement intermediaries and requires all intermediaries to provide appropriate information, including information pertaining to the OTT broadcasters and Digital News Broadcasters on their platform, to the central government to ensure compliance with the act. This entails the liability provisions for social media intermediaries which do not provide information “pertaining to OTT Broadcasters and Digital News Broadcasters” on its platforms for compliance. This suggests that when information is sought about a YouTube, Instagram or X/Twitter user, the platform will need to provide this information to the Indian government.
A new draft bill contains specific provisions governing ‘Online Advertising’ and to do so it creates the category of 'advertising intermediaries'. These intermediaries enable the buying or selling of advertisement space on the internet or placing advertisements on online platforms without endorsing the advertisement.
Final Words
The Indian Ministry of Information and Broadcasting (MIB) is making efforts to propose robust regulatory changes to the country's new-age broadcast sector, which would cover the specific provisions for Digital News Broadcasters, OTT Broadcasters and Intermediaries. The proposed bill defining the scope and obligation of each.
However, these changes will have significant implications for press and creative freedom. The changes in the new version of the updated bill from its previous draft expanded the applicability of the bill to a larger number of key actors, this move brought ‘content creators’ under the definition of OTT or digital news broadcasters, which raises concerns about overly rigid provisions and might face criticism from media representative perspectives.
According to recent media reports, the Broadcasting Services (Regulation) Bill, 2024 version has been withdrawn by the I&B ministry facing criticism from relevant stakeholders.
The ministry must take due consideration and feedback from concerned stakeholders and place reliance on balancing individual rights while promoting a healthy regulated landscape considering the needs of the new-age broadcasting sector.
References:
- https://www.medianama.com/2024/07/223-india-broadcast-bill-online-creators/#:~:text=Online%20content%20creators%20that%20do,or%20a%20social%20media%20platform.
- https://www.hindustantimes.com/india-news/new-draft-of-broadcasting-bill-news-influencers-may-be-classified-as-broadcasters-101721961764666.html
- https://www.hindustantimes.com/india-news/broadcasting-bill-still-in-drafting-stage-mib-tells-rs-101722058753083.html
- https://www.newslaundry.com/2024/07/29/indias-new-broadcast-bill-now-has-compliance-requirements-for-youtubers-and-instagrammers
- https://m.thewire.in/article/media/social-media-videos-text-digital-news-broadcasting-bill
- https://mib.gov.in/sites/default/files/Public%20Notice_07.12.2023.pdf
- https://news.abplive.com/news/india/centre-withdraws-draft-of-broadcasting-services-regulation-bill-1709770
Introduction
In the interconnected world of social networking and the digital landscape, social media users have faced some issues like hacking. Hence there is a necessity to protect your personal information and data from scammers or hackers. In case your email or social media account gets hacked, there are mechanisms or steps you can utilise to recover your email or social media account. It is important to protect your email or social media accounts in order to protect your personal information and data on your account. It is always advisable to keep strong passwords to protect your account and enable two-factor authentication as an extra layer of protection. Hackers or bad actors can take control of your account, they can even change the linked mail ID or Mobile numbers to take full access to your account.
Recent Incident
Recently, a US man's Facebook account was deleted or disabled by Facebook. He has sued Facebook and initiated a legal battle. He has contended that there was no violation of any terms and policy of the platform, and his account was disabled. In the first instance, he approached the platform. However, the platform neglected his issue then he filed a suit, where the court ordered Facebook's parent company, Meta, to pay $50,000 compensation, citing ignorance of the tech company.
Social media account recovery using the ‘Help’ Section
If your Facebook account has been disabled, when you log in to your account, you will see a text saying that your account is disabled. If you think that your account is disabled by mistake, in such a scenario, you can make a request to Facebook to ‘review’ its decision using the help centre section of the platform. To recover your social media account, you can go to the “Help” section of the platform where you can fix a login problem and also report any suspicious activity you have faced in your account.
Best practices to stay protected
- Strong password: Use strong and unique passwords for your email and all social media accounts.
- Privacy settings: You can utilise the privacy settings of the social media platform, where you can set privacy as to who can see your posts and who can see your contact information, and you can also keep your social media account private. You might have noticed a few accounts on which the user's name is unusual and isn’t one which you recognise. The account has few or no friends, posts, or visible account activity.
- Avoid adding unknown users or strangers to your social networking accounts: Unknown users might be scammers who can steal your personal information from your social media profiles, and such bad actors can misuse that information to hack into your social media account.
- Report spam accounts or posts: If you encounter any spam post, spam account or inappropriate content, you can report such profile or post to the platform using the reporting centre. The platform will review the report and if it goes against the community guidelines or policy of the platform. Hence, recognise and report spam, inappropriate, and abusive content.
- Be cautious of phishing scams: As a user, we encounter phishing emails or links, and phishing attacks can take place on social media as well. Hence, it is important that do not open any suspicious emails or links. On social media, ‘Quiz posts’ or ‘advertisement links’ may also contain phishing links, hence, do not open or click on such unauthenticated or suspicious links.
Conclusion
We all use social media for connecting with people, sharing thoughts, and lots of other activities. For marketing or business, we use social media pages. Social media offers a convenient way to connect with a larger community. We also share our personal information on the platform. It becomes important to protect your personal information, your email and all your social media accounts from hackers or bad actors. Follow the best practices to stay safe, such as using strong passwords, two-factor authentication, etc. Hence contributing to keeping your social media accounts safe and secure.
References:
- https://www.gpb.org/news/2023/07/11/facebook-wrongfully-deleted-his-account-he-sued-the-company-and-won
- https://consumer.ftc.gov/articles/how-recover-your-hacked-email-or-social-media-account
Introduction
US President Biden takes a step by signing a key executive order to manage the risks posed by AI. The new presidential order on Artificial intelligence (AI) sets rules on the rapidly growing technology that has big potential but also covers risks. The presidential order was signed on 30th October 2023. It is a strong action that the US president has taken on AI safety and security. This order will require the developers to work on the most powerful AI model to share their safety test results with the government before releasing their product to the public. It also includes developing standards for ethically using AI and for detecting AI-generated content and labelling it as such. Tackling the many dangers of AI as it rapidly advances, the technology poses certain risks by replacing human workers, spreading misinformation and stealing people's data. The white house is also making clear that this is not just America’s problem and that the US needs to work with the world to set standards here and to ensure the responsible use of AI. The white house is also urging Congress to do more and pass comprehensive privacy legislation. The order includes new safety guidelines for AI developers, standards to disclose AI-generated content and requirements for federal agencies that are utilising AI. The white house says that it is the strongest action that any government has taken on AI safety and security. In the most recent events, India has reported the biggest ever data breach, where data of 815 million Indians has been leaked. ICMR is the Indian Council of Medical Research and is the imperial medical research institution of India.
Key highlights of the presidential order
The presidential order requires developers to share safety test results. It focuses on developing standards, tools & tests to ensure safe AI. It will ensure protection from AI-enabled frauds and protect Americans' privacy, advance equity and civil rights, stand up for consumers and workers, promote innovation and competition, protect against risks of using AI to engineer dangerous material and provide guidelines for detecting AI -AI-generated content and establishing overall standards for AI safety and security.
Online content authentication and labelling
Biden administration has asked the Department of Commerce to set guidelines to help authenticate content coming from the government, meaning the American people should be able to trust official documents coming from the government. So, focusing on content authentication, they have also talked about labelling AI-generated content, making the differentiation between a real authentic piece of content and something that has been manipulated or generated using AI.
ICMR Breach
On 31/10/2023, an American intelligence and cybersecurity agency flagged the biggest-ever data breach, putting the data of 81.5 crore Indians at stake and at at potential risk of making its way to the dark market. The cyber agency has informed that a ‘threat actor’, also known as ‘pwn001’ shared a thread on Breach Forums, which is essentially claimed as the ‘premier Databreach discussion and leaks forum’. The forum confirms a breach of 81.5 crore Indians. As of today,, ICRM has not issued any official statement, but it has informed the government that the prestigious Central Bureau of Investigation (CBI) will be taking on the investigation and apprehending the cybercriminals behind the cyber attack. The bad actor’s alias, 'pwn001,' made a post on X (formerly Twitter); the post informed that Aadhaar and passport information, along with personal data such as names, phone numbers, and addresses. It is claimed that the data was extracted from the COVID-19 test details of citizens registered with ICMR. This poses a serious threat to the Indian Netizen from any form of cybercrime from anywhere in the world.
Conclusion:
The US presidential order on AI is a move towards making Artificial intelligence safe and secure. This is a major step by the Biden administration, which is going to protect both Americans and the world from the considerable dangers of AI. The presidential order requires developing standards, tools, and tests to ensure AI safety. The US administration will work with allies and global partners, including India, to develop a strong international framework to govern the development and use of AI. It will ensure the responsible use of AI. With the passing of legislation such as the Digital Personal Data Protection Act, 2023, it is pertinent that the Indian government works towards creating precautionary and preventive measures to protect Indian data. As the evolution of cyber laws is coming along, we need to keep an eye on emerging technologies and update/amend our digital routines and hygienes to stay safe and secure.
References:
- https://m.dailyhunt.in/news/india/english/lokmattimes+english-epaper-lokmaten/biden+signs+landmark+executive+order+to+manage+ai+risks-newsid-n551950866?sm=Y
- https://www.hindustantimes.com/technology/in-indias-biggest-data-breach-personal-information-of-81-5-crore-people-leaked-101698719306335-amp.html?utm_campaign=fullarticle&utm_medium=referral&utm_source=inshorts
