India’s move to regulating content of streaming giants

The Centre has taken a controversial step in the realm of content regulation, with a proposed broadcasting law that aims to extend oversight to streaming giants.


Representational image. PHOTO: THE STATESMAN

November 20, 2023

NEW DELHI – The Centre has taken a controversial step in the realm of content regulation, with a proposed draft broadcasting law that aims to extend oversight to streaming giants such as Netflix, Disney, and Amazon. The key aspect of this legislation is the establishment of Content Evaluation Committees (CEC) by each broadcaster, a move heralded as a step towards robust self-regulation.

The introduction of CECs raises intriguing questions about the delicate balance between creative freedom and the need for responsible content dissemination. On the one hand, it reflects a conscientious effort to address concerns regarding scenes deemed vulgar or offensive to religious sentiments in online shows, which have become immensely popular in the country. On the other hand, critics argue that this marks a departure from the path of liberalisation, introducing what they perceive as a paternalistic mechanism of censorship and government control.

The proposed law stipulates that every broadcaster or broadcasting network operator must form a CEC with members from diverse social groups. This inclusivity ostensibly aims to ensure a broad spectrum of perspectives in evaluating content, theoretically mitigating the risk of undue bias or censorship. However, the looming question is whether this mechanism might inadvertently stifle the very creativity it seeks to regulate. Will the diversity within these committees truly reflect the richness and complexity of India’s cultural landscape, or could it inadvertently lead to a homogenisation of content to meet perceived societal norms?

At the heart of this debate lies the tension between artistic expression and cultural sensitivities. Streaming platforms operating in the country have been a haven for content that pushes boundaries, addressing issues such as sexual violence and caste inequalities. They have also delved into politically sensitive subjects, providing a space for critical journalism and entertainment that often differs from the narrative presented by traditional media. The fear now is that the proposed regulations may dampen this vibrant diversity of voices, leading to a more controlled digital space. Moreover, the broader powers the law, when enacted, will end up granting the Centre to regulate online creators and news media platforms add another layer of complexity. While proponents argue that this is a necessary step to ensure responsible content dissemination, sceptics view it as an encroachment on free expression.

The ability of the government to define the CEC’s size, quorum, and operational details raises concerns about the potential for undue influence over the content evaluation process. As the country stands at the crossroads of content regulation, it is crucial to strike a delicate balance that upholds cultural sensitivities without compromising artistic freedom. In the coming days, as the draft law undergoes public consultation, it is imperative for stakeholders to actively participate in shaping the regulatory landscape. The aim should be to create a framework that not only addresses legitimate concerns but also preserves the dynamic and diverse spirit of India’s digital content.

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