The ruling BJP Government in India, has sent out a notification, which was issued by President Ram Nath Kovind, stating that “films and audio-visual programmes made available by online content providers” and “news and current affairs content on online platforms” would be brought under the heading Ministry of Information and Broadcasting (I&B) in the Second Schedule of Government of India (Allocation of Business) Rules, 1961. This move would include over-the-top (OTT) platforms such as Netflix, Amazon Prime, Disney Hotstar as well as alternative news websites, including Scroll, NewsMinute, The Wire, Quint, and Newsclick among others. Earlier, these platforms were under the Ministry of Information and Electronic Technology and were subject to various provisions under the Information Technology Act, 2000 (IT Act) to deal with digital platforms and intermediaries.
This means that now, the Government of India, through the Ministry of I&B, has the power to regulate policies on digital media platforms. The move to regulate digital media started in 2018 when the then Minister of I&B, Smriti Irani, issued a circular saying that “in order to fight the rise in fake news in print and electronic media, the government had decided that journalists who had complaints of creating/ propagating fake news against them, would immediately have their press accreditation suspended.” While the Prime Minister’s Office asked the ministry to withdraw this circular, it can be said that the die has been cast.
In India, the Information Technology Act 2000 governs the digital space. Although there have been instances where the Supreme Court, the highest court in the country, have struck down some parts as unconstitutional. One such instance was the striking down of Section 66A of the Act, under which people were arrested for posting ‘allegedly objectionable’ content on the internet. Nonetheless, the government is still empowered to block, filter and take down content online or even turn off internet access completely. According to a report by Brookings, India is the country with the highest number of internet shutdowns in the world, even ahead of Iraq and Libya.
Streaming platforms such as Netflix and Amazon Prime have put out content that does not conform to the same restrictive standards as traditional media, and have addressed sexuality, sexual violence, homophobia and caste inequalities, as well as politically sensitive subjects such as Hindu nationalism and the persecution of Muslims. With the new order, the I&B Ministry will have more teeth to force streaming services to act on complaints. When it comes to digital news platforms, the order could push digital platforms to register with the government in the same way that traditional news organisations have to.
The current order, even though merely assigns a department within the government responsibility for digital news and content, hence not coming under direct regulation, is worrying because the move to assert regulatory authority could be a potential next step. This, in turn could limit what journalists can report on digital media platforms. This could further transmute into one of the biggest media suppression tactics ever to come into force in the country. According to the Freedom of Expression Institute (FXI), “attempting to monitor or regulate social media would have a negative impact on freedom of expression and the free press, resulting in censorship of information by the government.”
Press freedom in India has been under attack for the last several years; the democratic ideal of a free and fair press in the country has become an anathema. In the present digital age, the internet enables a much more free, open and democratised information gateway. This has been taken up by independent journalists, who are trying to bridge the gap between mainstream media and independent media, while long-established publication houses are ramping up their online presence by moving away from traditional news values. Getting on-the-ground news and information has been the mainstay of the digital revolution that this century has witnessed. It has been the forbearer of revitalizing democratic ideals and values. Thus, any step taken to regulate digital media comes off as trampling on the tenets of free speech and freedom of information.
Censorship can take place in subtle, clandestine forms, manifesting as a gradual tirade on information concealment. India ranks 142nd out of 180 countries on the World Press Freedom Index, which makes it among the world’s worst places to be a journalist. Information dissemination can affect elections, bring about political changes and more importantly, empower citizens with information that leads to upholding democratic values. These instances make the right to free speech, a fundamental imperative to protect against all odds, contrary to any governmental regime or leader. The decline in press freedom is one of the first factors that signal the death of democracy, leading towards the loosening of democratic ideals, leading to a slump in citizen’s rights.
According to Freedom House,“internet freedom in India has declined for the past three years and there are fears the order signals the end of the digital realm as one of the final bastions of creative and journalistic dissent in India.” Media, the fourth estate, protecting the public interest and the upholder of principles of freedom of information and freedom of expression, can be said to be under threat in the country. Digital authoritarianism can bring about misinformation, in turn leading to digital repression.
Amal Anzari is a Master’s graduate in International Studies (Batch 2018-2020) from Stella Maris College (Autonomous), Chennai, India and has completed her Bachelor’s degree in English Literature and Communication Studies (Hons.) from St. Teresa’s College (Autonomous), Kochi, India. She has interned with organisations such as the Ministry of External Affairs (Government of India), The Hindu and The Times of India. At present, she’s the Research and Ideation Coordinator at The Parley Project, a student-led initiative which focuses on research-driven solutions for global agendas. Amal’s areas of interest include International Security, Asia Pacific Region, Conflict Management and Peace.