A license raj for digital content creators

Last Updated01/08/2024

Two CSDS-Lokniti surveys provide insights into 642 million voters and 924 million broadband connections.

The post-poll survey shows that 29% of respondents consume political material every day on digital platforms, with 18% doing so occasionally.
While this is less than television (42%), it surpasses newspapers (16.7%) and radio (6.9%). Respondents accessed WhatsApp (35.1%), YouTube (32.3%), Facebook (24.7%), Instagram (18.4%), and Twitter (6.5%) several times a day.
This data suggests a “content election” or an “influencer election”, with digital media critical of the Prime Minister challenging the dominance of television news.
A formal legal basis to this censorial partnership was first established through the IT Rules, 2021 on February 25, 2021.
It expanded MeitY’s powers, including a traceability mandate compromising end-to-end encryption on messaging services such as Signal.

Even with the IT Rules, 2021, the Union Government was unable to completely control the expanse of digital content. So, it expanded them twice.
Work on the Broadcasting Bill, 2023 paused during the election months, while online creators increased their scrutiny on the BJP’s campaign messaging and its 10-year term. The heightened activity of online creators and increase in reach was noticed.

On analysis, the nervousness not only of the “stakeholders” but also of the MIB itself in making the Broadcasting Services (Regulation) Bill, 2024 public is understandable.
Instead of recognising constitutional limits, the Bill increases the Union Government’s command and control over digital media. While its minutiae pose immense harm to democratic expression, let us focus on three primary highlights.
First, the Bill expands its scope to classify individual commentators as “Digital News Broadcasters” and content creators as “OTT Broadcasters”.
In addition to the IT Rules, 2021, it can demand registration, enforce censorship, and even require platforms such as YouTube to frame special compliances not only for news channels but also for creators such as Food Bloggers, Travelers etc.
Finally, the decision-making process for censorship relies on cumbersome proactive compliances, a system of registrations and private self-censorship, and, on failure or whim, censorship and fines levied by the MIB.
If that were not enough, most provisions in the Broadcasting Bill, 2024 are sufficiently vague, making them ripe for arbitrary enforcement.