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Why opposing the Broadcast Bill at "draft" stage shows Congress’s desperation

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Niraj Sharma
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Congress leader Pawan Khera (File image)

Pawan Khera (File photo)

New Delhi: The Congress party on Friday came out in support of its friendly YouTubers who broadcast news and current affairs programmes across social media but do not want to be called digital news publishers.

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The Congress' media and publicity department head Pawan Khera wrote a long post on X alleging that the Broadcasting Services (Regulation) Bill was a direct threat to freedom of speech and the independent media and claimed that it would pave the way for "excessive surveillance" online.

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The Broadcast Bill, currently in draft and consultation stage, landed in controversy last week with a few online news content creators and TMC MP Jawhar Sircar calling it a ‘final bill’ after the revised draft was shared with select stakeholders.

They alleged that the revised draft classifies independent journalists as digital news broadcasters and is aimed at regulating them.

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Responding to Sircar, the government said the bill was still in the drafting stage and the stakeholders' consultation was underway.

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However, the clarification from the I&B ministry could do little as the misinformation regarding a Draft Bill to curb misinformation continues unabated. 

Without getting into the discussion regarding the provisions of the Draft Bill, the uproar around the draft is being seen as an attempt to push the government to the corner in yet another battle of narrative. 

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“A popular belief is that content creators and YouTubers played a big role in the recently concluded Lok Sabha elections. These YouTubers want freehand when it comes to peddling all sorts of narratives including biased and fake. They fear their channels will be shut if the Broadcast Bill is passed in the current form,” said a political analyst. 

“I’m against any sort of attempt to curb freedom of speech across any medium. But look at the YouTubers’ language. They are also behaving as if they are running the government. Whether the Bill is passed or not, how can a YouTuber sitting outside India dictate terms to the government,” asked a senior journalist and political analyst.

In a post on X, Rathee wrote, “Hello @AshwiniVaishnaw. Can you clarify if this is true? And also make the bill public.”

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Besides the Draft Broadcast Services Regulation Bill, all other recent legislations involving freedom of expression such as Digital Personal Data Protection Act, Press and Registration of Periodicals Act and the IT Rules 2021 and subsequent amendments to it in 2023, either have landed in controversy or legal challenges.

“Freedom of speech and freedom of expression guaranteed by the Constitution is paramount for a thriving democracy. Any law dealing with these constitutional rights will have to go through all sorts of scrutinies including the judicial. Even a bill passed by the Parliament will not withstand Supreme Court scrutiny if it does not conform to the constitutional provisions. Every stakeholder including the government knows this fact and hence the I&B ministry took a consultation route. The controversy at this stage is unfortunate given that the draft was open for consultation for all the stakeholders and public in the first place,” said a broadcast industry veteran.

Soon after the elections, the country saw a narrative around traditional media losing out to content creators. 

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But, contrary to the assumptions, the traditional media is in no manner favouring the operation part related to the independent content creators in question.

A senior broadcast executive told NewsDrum that they cannot afford to lose an inch when it comes to any attempt to control media in any form. 

“Television channels are licenced by the government and hence news is regulated through Cable Television Network Act. It is unfair to expect independent individuals commenting on current affairs to follow similar compliances. We have already opposed the move in our response to the consultation. Unless it is final, any narrative or controversy around it is equal to creating an atmosphere of angst against the government,” the executive said.

Any large medium with the potential to create any law and order situation cannot be kept open-ended and needs to be kept in check. But at the same time, not all mediums and content creators are similar. The digital landscape and its challenges are changing fast and hence the government is still navigating through ideas to deal with future challenges.

“Despite the new realisation that it could be on the other side tomorrow, the Congress appears to have a very shortsighted vision to put more and more hurdles for the Modi government. Have you ever heard since independence that a bill was drafted with opposition?” asked the political analyst quoted above.

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