Several journalists in Kerala have expressed concern over the possibility of constriction of freedom by the Broadcasting Services (Regulation) Bill.
Published Aug 07, 2024 | 4:10 PM ⚊ Updated Aug 07, 2024 | 7:38 PM
In response to questions in the Parliament from Trinamool Congress (TMC) MPs Mohammed Nadimul Haque and Jawhar Sircar, Union Minister of State for Information and Broadcasting, L Murugan has said that the public consultation is currently ongoing on the Broadcasting Services (Regulation) Bill.
This bill aims to update the Cable Television Networks (Regulation) Act of 1995 and extend its reach to include over-the-top media (OTT), which refers to content made available to viewers directly via Internet without the involvement or control of the service provider, according to media reports.
Digital news providers are also sought to be covered under this bill, according to this article in Hindustan Times. Critics worry that this is one way for the government to censor news content and scuttle press freedom.
Digital news broadcasters and social media content creators are all sought to be brought under the purview of this bill, which proposes that YouTubers and Instagrammers with a large following be classified as “digital broadcasters”.
Although the Minister of State, in his response in Parliament, said that the bill had been placed in the public domain for consultation on 10 November last year, an updated draft was subsequently shared with select “stakeholders”, and the government, according to a report in the Hindustan Times, even instructed these select stakeholders to refrain from sharing the draft further.
The select stakeholders were given copies of the draft that were watermarked, so that any “leakage” of the draft could be traced back to whoever leaked it. “Stakeholders” – by all accounts representing business interests – have been granted until 10 August to respond to the draft.
The updated draft includes new definitions for terms like “professional” and “systematic activity” and expands the definition of “news and current affairs programmes” to cover various types of content. The bill suggests a regulatory threshold of one million for platforms and content creators, a figure many consider modest.
The new draft has reportedly made significant changes by excluding OTT platforms from the ‘internet broadcasting services’ category. Instead, these platforms are now classified as “publishers of online curated content” in line with the IT Rules 2021. This reclassification represents a departure from the initial approach in the November draft that sought to regulate OTT platforms.
TMC Rajya Sabha MP Jawhar Sircar, who has served as chief executive officer of Prasar Bharati, accused the Modi government of attempting to suppress information. He noted that even though Union Minister for Information and Broadcasting Ashwini Vaishnaw said the bill was still in draft form, it was clear that a version of it was in circulation exclusively among business stakeholders.
Under Prime Minister Narendra Modi, the press in Kerala has faced some unprecedented challenges, as elsewhere in the country. The arrest of journalist Siddique Kappan and the short spell of time when Media One TV was banned have given the local media a first-hand taste of oppressive government control.
Several journalists in Kerala have expressed concern over the possibility of constriction of freedom by the Broadcasting Services (Regulation) Bill, 2024. They argue that the bill contains provisions that could be used to censor those critical of government actions and suppress diverse viewpoints.
Kappan was imprisoned in October 2020 under the Unlawful Activities Prevention Act (UAPA), while en route to Hathras in Uttar Pradesh to cover the Hathras gang rape and murder case. His car was stopped at a toll plaza in Mathura by the Uttar Pradesh police, who arrested Kappen and three others.
Kappan was granted bail by the Allahabad High Court in December 2022, but procedural delays prevented his release until February 2023. He has vowed to continue fighting the charges since being freed.
Currently a freelance journalist based in the national capital, Kappan told South First, “Legacy media has turned into a PR wing of the Union government. The hope these days rests with digital media. The results of the last Lok Sabha election were largely influenced by digital media; Dhruv Rathee, Ravish Kumar, and others influenced people more than we could imagine.”
He further said, “There are Malayalam-speaking influencers who independently raise their voice against the system, and conduct the necessary research and stay vigilant to nip lies put out by the BJP IT cell in a short time. Digital media influences people are more than print or television these days, and updates and facts are disseminated more widely through mobile phones than through newspapers or the TV. RSS-BJP lies are shattered within seconds,” Kappen said, adding that given the new configuration in Parliament, even the Modi government has sensed that special measures were needed to increase the possible life-span of the government.
“I expect this government will last about two years; there are observers who give it about three months – which is possibly why a bill like this is seen as a measure to increase government longevity,” Kappen said.
Sreejan Balakrishnan, Director of News at The Fourth, told South First, “This new bill will likely lead to censorship and violates the right to expression. It could fail legal scrutiny because it infringes on fundamental rights. It will be tough for smaller influencers to meet the content evaluation requirements, which do not discriminate between such small players and major streaming services like Amazon Prime Video, Netflix, and Disney+ Hotstar.”
He further elaborates, “The Modi government seems out to create a society similar to China’s, where public opinion is suppressed. We need laws to combat fake news, but is this the way to do it? The draft bill is being shared with a select few, and it should be made public to gather broader opinions before finalisation; and I don’t think this is being done to bolster the government’s term in office – if the BJP had absolute majority, it would follow such measures even then. The BJP’s core ideology leans towards fascism.’’
Aparna Sen, an independent journalist from Kerala, told South First, “Besides working as an independent journalist, I produce videos through my social media handles. Legacy media too is now creating content in keeping with digital trends, and so the scope for such journalism has expanded considerably, it is a revolution. Having previously worked with satellite channels, I am acutely aware of the difference it makes to have the substantial support system offered by being part of the traditional media. Independent content creators face significant threats and fight alone, and gaining public acceptance too is not easy.”
She underscored the role played by YouTubers like Dhruv Rathee in the Lok Sabha poll results. “His intervention was compared by some to the whole of the Opposition,” she said, adding that there are now many players seeking to influence similarly.
She noted that the BJP has used the national media as a public relations tool. Kerala has been labelled a ‘terrorist state,’ she said, explaining that during protests in the state against the Citizenship Amendment Act, media persons working in the state received instructions from their bosses not to cover footage of protestors, and focus instead on protestors attacking police.
“We cannot underestimate BJP, after all, it won one seat in Kerala in the Lok Sabha polls this time. The BJP faces an obstacle in further growth in the state from independent journalists. The Broadcast Bill is thus one way to suppress such voices,” she said.
Jaibi Joseph, a YouTuber who runs a channel called JBI TV, told South First, “Digital creators need to be under some level of surveillance because India is the top nation for creating and spreading fake news. Anyone with a mobile phone and data connectivity can say anything to the public without proper scrutiny. Riots have been triggered by this digital world, so there is definitely a need for scrutiny.”
He added that YouTubers in the state must not oppose this bill only because it has been introduced by the NDA government. “We must not read with prejudice, but if the final version does indeed contain provisions that violate our right to expression, the matter must be taken to the Supreme Court. I make videos criticising governments, and all I need is proof to validate my claims. With proof, how can the government stop us? In my opinion, some scrutiny is necessary,” he said.
(Edited by Rosamma Thomas)
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