India’s New Broadcasting Bill 2023 and the Future of Media Freedom
Introduction
The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.
The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.
Defining the certain Clauses of the bill
Clause 1 (dd) - The Programme
In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.
Clause 2(v) - The news and current affairs
Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.
Clause 2(y) Over the Top Broadcasting Services
Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.
Clause 4(4) - Requirements for Broadcasters and Network Operators
The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.
Clause 27 - Advisory Council
The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.
A Way Forward
It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.
The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.
References
- https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
- https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
- https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html
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Introduction
According to a draft of the Digital Personal Data Protection Bill, 2023, the Indian government may have the authority to reduce the age at which users can agree to data processing to 14 years. Companies requesting consent to process children’s data, on the other hand, must demonstrate that the information is handled in a “verifiably safe” manner.
The Central Government might change the age limit for consent
The proposed Digital Personal Data Protection Bill 2022 in India attempts to protect child’s personal data under the age of 14 through several provisions. The proposed lower age of consent in India under the Digital Personal Data Protection Bill 2022 is to loosen relevant norms and fulfil the demands of Internet corporations. After a year, the government may reconsider the definition of a child with the goal of expanding coverage to children under the age of 14. The proposed shift in the age of consent has elicited varied views, with some experts suggesting that it might potentially expose children to data processing concerns.
The definition of a child is understood to have been amended in the data protection Bill, which is anticipated to be submitted in Parliament’s Monsoon session, to an “individual who has not completed the age of eighteen years or such lower age as the central government may notify.” A child was defined as an “individual who has not completed eighteen years of age” in the 2022 draft.
Under deemed consent, the government has also added the 'legitimate business interest' clause
This clause allows businesses to process personal data without obtaining explicit consent if it is required for their legitimate business interests. The measure recognises that corporations have legitimate objectives, such as innovation, that can be pursued without jeopardising privacy.
Change in Data Protection Boards
The Digital Personal Data Protection Bill 2022, India’s new plan to secure personal data, represents a significant shift in strategy by emphasising outcomes rather than legislative compliance. This amendment will strengthen the Data Protection Board’s position, as its judgments on noncompliance complaints will establish India’s first systematic jurisprudence on data protection. The Cabinet has approved the bill and may be introduced in Parliament in the Monsoon session starting on July 20.
The draft law leaves the selection of the Data Protection Board’s chairperson and members solely to the discretion of the central government, making it a central government set-up board. The government retains control over the board’s composition, terms of service, and so on. The bill does specify, however, that the Data Protection Board would be completely independent and will have a strictly adjudicatory procedure to adjudicate data breaches. It has the same status as a civil court, and its rulings can be appealed.
India's first regulatory body in Charge of preserving privacy
Some expected amendments to the law include a blacklist of countries to which Indian data cannot be transferred and fewer penalties for data breaches. The bill’s scope is limited to processing digital personal data within Indian territory, which means that any offline personal data and anything not digitised will be exempt from the legislation’s jurisdiction. Furthermore, the measure is silent on the governance of digital paper records.
Conclusion
The Digital Personal Data Protection Bill 2022 is a much-needed piece of legislation that will replace India’s current data protection regime and assist in preserving individuals’ rights. Central Government is looking for a change in the age for consent from 18 to 14 years. The bill underlines the need for verifiable parental consent before processing a child’s personal data, including those under 18. This section seeks to ensure that parents or legal guardians have a say in the processing of their child’s personal data.
Introduction
In todays time, we can access any information in seconds and from the comfort of our homes or offices. The internet and its applications have been substantial in creating an ease of access to information, but the biggest question which still remains unanswered is Which information is legit and which one is fake? As netizens, we must be critical of what information we access and how.
Influence of Bad actors
The bad actors are one of the biggest threats to our cyberspace as they make the online world full of fear and activities which directly impact the users financial or emotional status by exploitaing their vulnerabilities and attacking them using social engineering. One such issue is website spoofing. In website spoofing, the bad actors try and create a website similar to the original website of any reputed brand. The similarity is so uncanny that the first time or occasional website users find it very difficult to find the difference between the two websites. This is basically an attempt to access sensitive information, such as personal and financial information, and in some cases, to spread malware into the users system to facilitate other forms of cybercrimes. Such websites will have very lucrative offers or deals, making it easier for people to fall prey to such phoney websites In turn, the bad actors can gain sensitive information right from the users without even calling or messaging them.
The Incident
A Noida based senior citizen couple was aggreved by using their dishwasher, and to get it fixed, they looked for the customer care number on their web browser. The couple came across a customer care number- 1800258821 for IFB, a electronics company. As they dialed the number and got in touch with the fake customer care representative, who, upon hearing the couple’s issue, directed them to a supposedly senior official of the company. The senior official spoke to the lady, despite of the call dropping few times, he was admant on staying in touch with the lady, once he had established the trust factor, he asked the lady to download an app which he potrayed to be an app to register complaints and carry out quick actions. The fake senior offical asked the lady to share her location and also asked her to grant few access permissions to the application along with a four digit OTP which looked harmless. He further asked the kady to make a transaction of Rs 10 as part of the complaint processing fee. Till this moment, the couple was under the impression that their complaimt had been registred and the issue with their dishwasher would be rectified soon.
The couple later at night recieved a message from their bank, informing them that Rs 2.25 lakh had been debited from their joint bank account, the following morning, they saw yet another text message informing them of a debit of Rs 5.99 lakh again from their account. The couple immediatly understood that they had become victims to cyber fraud. The couple immediatly launched a complaint on the cyber fraud helpline 1930 and their respective bank. A FIR has been registerd in the Noida Cyber Cell.
How can senior citizens prevent such frauds?
Senior citizens can be particularly vulnerable to cyber frauds due to their lack of familiarity with technology and potential cognitive decline. Here are some safeguards that can help protect them from cyber frauds:
- Educate seniors on common cyber frauds: It’s important to educate seniors about the most common types of cyber frauds, such as phishing, smishing, vishing, and scams targeting seniors.
- Use strong passwords: Encourage seniors to use strong and unique passwords for their online accounts and to change them regularly.
- Beware of suspicious emails and messages: Teach seniors to be wary of suspicious emails and messages that ask for personal or financial information, even if they appear to be from legitimate sources.
- Verify before clicking: Encourage seniors to verify the legitimacy of links before clicking on them, especially in emails or messages.
- Keep software updated: Ensure seniors keep their software, including antivirus and operating system, up to date.
- Avoid public Wi-Fi: Discourage seniors from using public Wi-Fi for sensitive transactions, such as online banking or shopping.
- Check financial statements: Encourage seniors to regularly check their bank and credit card statements for any suspicious transactions.
- Secure devices: Help seniors secure their devices with antivirus and anti-malware software and ensure that their devices are password protected.
- Use trusted sources: Encourage seniors to use trusted sources when making online purchases or providing personal information online.
- Seek help: Advise seniors to seek help if they suspect they have fallen victim to a cyber fraud. They should contact their bank, credit card company or report the fraud to relevant authorities. Calling 1930 should be the first and primary step.
Conclusion
The cyberspace is new space for people of all generations, the older population is a little more vulnerble in this space as they have not used gadgets or internet for most f theur lives, and now they are dependent upon the devices and application for their convinience, but they still do not understand the technology and its dark side. As netizens, we are responsible for safeguarding the youth and the older population to create a wholesome, safe, secured and sustainable cyberecosystem. Its time to put the youth’s understanding of tech and the life experience of the older poplaution in synergy to create SoPs and best practices for erradicating such cyber frauds from our cyberspace. CyberPeace Foundation has created a CyberPeace Helpline number for victims where they will be given timely assitance for resolving their issues; the victims can reach out the helpline on +91 95700 00066 and thay can also mail their issues on helpline@cyberpeace.net.
Executive Summary:
Old footage of Indian Cricketer Virat Kohli celebrating Ganesh Chaturthi in September 2023 was being promoted as footage of Virat Kohli at the Ram Mandir Inauguration. A video of cricketer Virat Kohli attending a Ganesh Chaturthi celebration last year has surfaced, with the false claim that it shows him at the Ram Mandir consecration ceremony in Ayodhya on January 22. The Hindi newspaper Dainik Bhaskar and Gujarati newspaper Divya Bhaskar also displayed the now-viral video in their respective editions on January 23, 2024, escalating the false claim. After thorough Investigation, it was found that the Video was old and it was Ganesh Chaturthi Festival where the cricketer attended.
Claims:
Many social media posts, including those from news outlets such as Dainik Bhaskar and Gujarati News Paper Divya Bhaskar, show him attending the Ram Mandir consecration ceremony in Ayodhya on January 22, where after investigation it was found that the Video was of Virat Kohli attending Ganesh Chaturthi in September, 2023.
The caption of Dainik Bhaskar E-Paper reads, “ क्रिकेटर विराट कोहली भी नजर आए ”
Fact Check:
CyberPeace Research Team did a reverse Image Search of the Video where several results with the Same Black outfit was shared earlier, from where a Bollywood Entertainment Instagram Profile named Bollywood Society shared the same Video in its Page, the caption reads, “Virat Kohli snapped for Ganapaati Darshan” the post was made on 20 September, 2023.
Taking an indication from this we did some keyword search with the Information we have, and it was found in an article by Free Press Journal, Summarizing the article we got to know that Virat Kohli paid a visit to the residence of Shiv Sena leader Rahul Kanal to seek the blessings of Lord Ganpati. The Viral Video and the claim made by the news outlet is false and Misleading.
Conclusion:
The recent Claim made by the Viral Videos and News Outlet is an Old Footage of Virat Kohli attending Ganesh Chaturthi the Video back to the year 2023 but not of the recent auspicious day of Ram Mandir Pran Pratishtha. To be noted that, we also confirmed that Virat Kohli hadn’t attended the Program; there was no confirmation that Virat Kohli attended on 22 January at Ayodhya. Hence, we found this claim to be fake.
- Claim: Virat Kohli attending the Ram Mandir consecration ceremony in Ayodhya on January 22
- Claimed on: Youtube, X
- Fact Check: Fake
