In the months leading up to the Indian elections earlier this year, YouTuber Akash Banerjee produced content highlighting the shortcomings of the incumbent government. His videos critiqued various government policies and actions, including its divisive campaign strategies and opposition crackdown. Banerjee, who runs the channel The Deshbhakt with over 4.8 million subscribers, is now worried about the future of his channel.
Content creators and digital rights activists argue that the government is seeking to tighten its control over online content, jeopardising the last bastion of press freedom. Over the past week, more than 785 Indian creators have signed a letter to the government, while many others have taken to social media with hashtags like #KillTheBill and shared videos to explain the proposed law to their audiences.
Government Proposal:
The Indian government plans to classify social media creators as “digital news broadcasters,” which would impose new regulations including:
- Mandatory registration with the government
- Establishment of a content evaluation committee
- Appointment of complaint handlers
- Failure to comply could result in criminal charges, including jail time.
This would require creators to bear the cost of compliance, and failure to adhere could result in severe penalties, including criminal charges and possible jail time. Critics argue that these measures could stifle independent voices and limit creative freedom, placing a heavy burden on creators to navigate complex bureaucratic requirements.
Criminal Liability for Social Media Firms Likely
Even the Social media companies like Meta, YouTube, and X are not spared under this proposed social media media regulations. Henceforth with this regulation at place, these companies will be classified as intermediaries, and may face criminal liability if they fail to provide information requested by the government. Additionally, the draft bill places the responsibility for compliance with the rules on users, rather than the social media intermediaries.
The legislation is also expected to encompass advertising networks such as Google Adsense, Facebook Audience Network, and Taboola, which are likely to be classified as “advertising intermediaries.” These are defined as “intermediaries that primarily facilitate the buying and selling of advertising space on the internet or the placement of advertisements on online platforms without endorsing the advertisements themselves.”
Legislative Developments:
On July 26, the Hindustan Times reported that the government intends to revise the Broadcasting Services (Regulation) Bill to consolidate all broadcaster regulations. The new version defines “digital news broadcaster” as anyone who broadcasts news and current affairs via online platforms as part of a business or commercial activity.
While on August 12, the Hindustan Times reported that the government requested the return of physical copies of the latest bill version, indicating a possible pause or reconsideration of the proposed legislation. The future steps regarding the bill remain unclear.
Creators and digital rights activists fear the legislation will tighten the government’s control over online content and threaten press freedom. The reactions from more than 800 Indian creators seemed inevitable. It has come in the form of a petition wherein they feel that it is important to get greater transparency in the bill’s drafting process.
Campaigns against the bill, including hashtags like #KillTheBill, have emerged on social media. Prateek Waghre, executive director at the Internet Freedom Foundation, criticised the bill for potentially extending government control over online speech.
Impact on Creators:
The proposed regulations are expected to affect both international and local creators. For example, global popstar Taylor Swift would need her content evaluated by a committee before release in India. Prominent Indian creators like Dhruv Rathee and Kunal Kamra have expressed concerns about the bill’s impact.
Smaller creators, such as Dr. Medusa, who has over 250,000 followers, worry that the regulations could disproportionately affect them. She highlights the difficulty of complying with requirements like appointing a grievance redressal officer with limited resources.
In response to the proposed regulations, some creators are considering new projects. Meghnad, an independent journalist and YouTuber, is contemplating launching “The Grievance Redressal Show” as a way to address the situation creatively.
The Final Thoughts
The proposed legislation has sparked significant concern among Indian social media creators, who fear it could stifle creativity and limit freedom of expression online. The outcome of the bill and its implications for the content creation landscape in India remain to be seen. The bill is imposing a “heavy regulatory burden” on small content creators, many of whom lack the resources to comply with these demands. This could further lead to the shutdown of independent journalism and undermine the economic viability of smaller creators.
Mohd Ziyauallah Khan is a freelance content writer based in Nagpur. He is also an activist and social entrepreneur, co-founder of the group TruthScape, a team of digital activists fighting disinformation on social media.
