Drowning Voices

On 10 November 2023, the ministry of information and broadcasting released the draft Broadcasting Services (Regulation) Bill. This was the fifth piece of legislation that the Narendra Modi government introduced over the past two years with the stated aim of creating a regulatory framework for a fast-changing media landscape. These bills equip the state with dangerous tools and provisions to control and clamp down on critical voices and free speech.

It started with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This was followed by the draft Indian Telecommunications Bill, 2022. Then came the Digital Personal Data Protection Act, 2023, which was passed in August. Around that time, the Rajya Sabha also passed the Press and Registration of Periodicals Bill. There is also the much talked about, and yet mysterious, Digital India Bill, which will replace the Information Technology Act, 2000.

Through these laws, the government will create an Orwellian framework that will distribute powers to control media, censor content and target critical voices. The dangerous beauty of this framework is that each bill touches upon only certain key aspects that may be crucial for freedom of speech, but, together, they constitute a gargantuan web that is difficult to escape. Their fine print contains mechanisms and provisions that expand the government’s powers to monitor media outlets, allowing it to restrict, or even remove, content that it deems problematic, as well as to deny certain individuals the right to run print publications. In many instances, the government has given itself these sweeping powers without any judicial oversight and against the principles of natural justice. 

Take, for instance, the IT rules, which were notified in March 2021. They carry several provisions that place contentious restrictions on digital news media and, in effect, empower the union government to block, delete or modify news published anywhere in the country. The rules mandate the creation of a three-tiered grievance redressal system—the final tier is an inter-ministerial group that will operate without any judicial oversight. Earlier this year, these rules were amended to authorise the establishment of a government-appointed fact-checking unit, with sweeping powers. The unit will have powers to instruct “intermediaries,” including internet service providers, to take down content it deems fake or misleading.