The Indian government’s newly proposed Broadcasting Services (Regulation) Bill, 2023 has ignited widespread discussion among lawyers, legal experts, tech platforms, and digital freedom advocates. Intended to replace outdated broadcasting laws, the bill introduces sweeping regulatory oversight that now includes digital news, OTT platforms, and social media intermediaries — triggering concerns over censorship and the scope of government control.

 

What the Bill Proposes

The draft legislation aims to consolidate and modernize several laws governing the broadcasting sector, including cable TV and digital services. It grants the Ministry of Information and Broadcasting broader powers to regulate content and enforce penalties for violations of content guidelines across traditional and digital platforms.

Some key features include:

• Mandatory registration for digital news publishers and OTT platforms

• Self-regulation with three-tier grievance redressal system

• Government authority to issue content advisories, orders, or take action in case of non-compliance

 

Legal and Digital Industry Concerns

Critics argue that the bill gives the government excessive discretionary power over digital media, posing risks to freedom of expression and editorial independence. Many law firms, media lawyers, and civil society groups have raised alarms, saying the bill could hinder digital innovation and press freedom.

Legal experts warn that the broad definitions used in the bill — especially around what constitutes objectionable content — may open doors to misuse and arbitrary censorship, which could conflict with constitutional protections under Article 19(1)(a) (freedom of speech and expression).

 

Lawyers and Industry Stakeholders Speak Out

Leading lawyers and digital rights advocates have called for:

• Greater transparency in the drafting process

• Inclusion of stakeholder consultations

• Clearer safeguards to prevent misuse of powers

 

Next Steps and Public Response

The bill is currently in its consultation phase, with the government inviting public comments. Media companies, content creators, legal associations, and tech platforms have been encouraged to submit feedback.

As the government aims to bring regulatory parity between television and digital content, the balance between law, regulation, and digital freedoms remains at the center of the public debate.

 

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