Broadcasting Services Regulation Bill sparks fears: A closer look at citizen apprehensions

In a joint effort, over 300 citizens, journalists, and civil society organisations have written to the Ministry of Information and Broadcasting expressing apprehensions about the consultation process for the Draft Broadcasting Services Regulation Bill. The bill, published on 10 November, could significantly impact access to news and various content, potentially limiting space for independent media, dissent, and critical engagement.

The signatories emphasised the need for an open, inclusive, and comprehensive consultation on the bill due to its far-reaching consequences. They point out that the bill, which brings Over-the-Top (OTT) platforms under its regulation, overhauls the media regulatory framework. To ensure that any reform aligns with public interest and constitutional principles, they urge the Ministry to adhere to the Pre-Legislative Consultation Policy of 2014.

The signatories are asking the Ministry to:

1. Share new laws online and through other means.

2. Explain why the laws are needed, what they include, and how they'll affect finances. It stated that the text of the legislation should include "brief justification for such legislation, essential elements of the proposed legislation, its broad financial implications".

3. Estimate how the laws will impact the environment, rights, and people's lives.

4. Keep this information public for at least 30 days.

5. Share details about how the laws will affect specific groups of people. It asked the ministry to document and disclose laws through "print or electronic media or in such other manner, as may be considered necessary to give wider publicity to reach the affected people"

6. Talk with all the groups involved before finalising the laws. The letter underscored, to place the the proposal in public domain and also hold consultations with all stakeholders.

The signatories call on the Ministry to comply with these mandates, emphasising the importance of an inclusive and informed consultation given the bill's wide scope and ramifications on free speech and access to information. The letter clearly stated that it is important that the Bill be provided wide publicity on different media platforms and also urged the Ministry to undertake open houses and in person public consultations on the Bill with affected stakeholders.

They also demand that the text of the bill and the accompanying explanation be published in all scheduled languages of the Constitution. They point out that in the past also, the Government of India has facilitated consultations on policy proposals in multiple languages like the draft of the New Education Policy was translated in 22 languages and uploaded on the Ministry's website. So, the letter stated, "it is neither without precedent, nor practically impossible to make policy proposals available in public domain in multiple languages for the purpose of undertaking consultation".

Finally, considering the bill's length and regulatory complexity, the signatories request an extension of the deadline by at least another 30 days to allow stakeholders ample time to study and analyze the potential impact of the bill citing that "the PLCP also mandates for a minimum of 30 day period, which must be extended where needed to fulfill the desired objective of undertaking the consultation process, which is to enable multi-stakeholder deliberation on the Bill".

The collective hopes that these demands will be positively addressed to facilitate meaningful, sustained, and inclusive multi-stakeholder consultations across India.

Find the complete letter here.