The government is considering a new proposal to regulate UGC on social media in the Broadcasting Services Act

The Press Club of India, along with other media stakeholders and press bodies, has decided to toughen demands from media and digital rights organizations and urged the center to withdraw laws that could allow the government to clamp down on press freedom. The resolution criticizing the provisions granted to the government was published in a letter of June 14, which was the result of a meeting held on May 28.

The resolution noted that legislation such as the proposed Broadcasting Services (Regulation) Act, 2023, the Digital Personal Data Protection Act, 2023, the Press and Magazine Registration Act, 2023 and the Information Technology Amendment Rules, 2023 ., which gives the government the power to remove from the Internet any content related to its activities that it considers to be false or misleading and intended to silence the press.

The resolution adopted at the meeting two weeks ago was attended by the Press Club of India, the Press Clubs of Mumbai, Kolkata, Trivandrum and Chandigarh, the DIGIPUB News Foundation, the Indian Union of Journalists, the Delhi Union of Journalists and the Working News Cameramen’s Association, among others.

Act regulating broadcasting services

It was emphasized that the Broadcasting Services Regulation (BSR) Act extends regulatory supervision to the OTT platform and digital content. The same will replace the Cable Television Networks (Regulation) Act, 1995 and proposes compulsory registration, content review boards for self-regulation and a three-tier regulatory system.

Stakeholders have expressed concerns about controls and regulations that may impose unjustified restrictions on citizens’ right to know and right to freedom of expression. The press organs’ resolution urges the government to ensure that citizens’ right to know is not trampled on. The practice of repeated internet shutdowns hinders both citizens’ right to information and journalists’ ability to report the news.

Additionally, according to internal reports and industry sources, the government is also considering a significant new proposal to place user-generated content on social media platforms when such content is posted by “professionals”. Content generated by “professional creators” on social media will be regulated by the Broadcasting Services Regulation.

It is true that under the current IT regulations, the Ministry of Electronics and Information Technology (MeitY) is responsible for regulating content on social media platforms. However, under the new proposal, once passed, content created by ‘professional’ creators on social media platforms such as YouTube will be regulated by both the Ministry of Information and Broadcasting (MIB) and MeitY.

Concerns over the role and responsibilities of platforms such as Google and Meta, the definition of who or what constitutes professional creators and content, and the scope and scale of regulation that would potentially require the registration of millions of creators under the BSR Act have raised concerns among stakeholders.

Act on the protection of digital personal data

The resolution and the letter of the press authorities also drew attention to the Digital Personal Data Protection Act (DPDP). Similarly, the Personal Data Protection Act 2023 attempts to define the digital space it regulates, placing greater emphasis on data processing and seeking to protect data from unauthorized access. The meeting noted that infringement and misuse have become a serious problem in the modern digital era. He further demanded that the government remove or amend all provisions of the Act that seek to weaken the Right to Information Act, 2005.

The resolution also criticized the replacement of Working Journalists and Other Newspaper Employees (Working Conditions) and the Miscellaneous Provisions Act and the Working Journalists (Determination of Rates of Pay) Act with the Health, Safety and Working Conditions (OHS) Code 2020. The two previous Acts protected journalists and covered a wide range of issues, including pay, working hours, holidays, leave of absence, termination of employment, grievance handling and the authority of Remuneration Boards to set journalists’ pay. The letter demanded the immediate restoration of these two laws.

The meeting further asked the government to consult all stakeholders and their views while drafting the Digital India Bill, which is intended to replace the Information Technology Act, 2000, to meet the challenges of the current digital era. She also asked the government to clearly define what it sees as harms and benefits to Indians online and clearly define an “open, safe, trustworthy and accountable Internet”.

Application for the establishment of a Media Council

The meeting demanded that the Press Council of India, established by an Act of Parliament, be replaced with a Media Council covering television and digital media. The Media Council should be empowered to deal with the challenges arising from the constantly changing media landscape. It should include working journalists, representatives of trade unions, owners and the government. It should have the power to impose restrictions on media houses, publications, broadcast and digital content and their owners, and to take other such measures.