31 July 2024 : The Hindu Editorial Analysis

1. A licence raj for digital content creators

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Indian Polity

Context

The Union government seeks to control digital content creators through the Broadcasting Regulation Bill, 2024. This bill extends governmental power over digital media, aiming to regulate and censor political commentary and news, thereby curbing the influence of online platforms critical of the government.

Introduction

• The growing influence of digital media on voter preferences is evident from two CSDS-Lokniti surveys, which analysed 642 million voters and 924 million broadband connections.
• These surveys reveal that 29% of respondents consume political content daily on digital platforms, surpassing newspapers and radio.
• Popular platforms include WhatsApp (35.1%), YouTube (32.3%), Facebook (24.7%), Instagram (18.4%), and Twitter (6.5%), highlighting the shift towards digital media beyond metropolitan areas.

Key Provisions of the Broadcasting Regulation Bill, 2024

1. Classification of Digital and OTT Broadcasters

• Individual commentators are classified as “Digital News Broadcasters.”
• Content creators are classified as “OTT Broadcasters.”
• The Ministry of Information and Broadcasting (MIB) can set and alter thresholds for subscribers or users, necessitating registration upon reaching these thresholds.

2. Additional Compliance Requirements

• Online platforms must adhere to new compliance standards independent of the Information Technology Act, 2000.
• These standards demand registration, enforce censorship, and require platforms like YouTube to implement special compliance measures.
• The law enforces a regime where the Ministry of Information and Broadcasting (MIB) can exercise control while delegating everyday censorship tasks to private entities.

3. Decision-Making and Censorship Enforcement

• The censorship process involves proactive compliance, system registration, self-censorship by creators, and fines by the Ministry of Information and Broadcasting (MIB) in case of non-compliance.
• The provisions are vague, allowing for arbitrary enforcement.

Issues Associated with the Broadcasting Regulation Bill, 2024

1. Increased Government Control

• The Bill extends the Union Government’s command and control over digital media.
• It poses significant harm to democratic expression by expanding the MIB’s power.

2. Bureaucratic and Politicised System

• The Bill creates a complex and overly bureaucratic system, resembling a digital licence raj.
• This system is designed to overcome the administrative burden of individual notice-and-takedown censorship.

3. Vagueness and Arbitrary Enforcement

• Provisions in the Bill are sufficiently vague, leading to potential arbitrary enforcement.
• The lack of clarity in the law increases the risk of misuse and political manipulation.

Way Forward

1. Recognition of Constitutional Limits

• The Bill should acknowledge and adhere to constitutional limits to protect democratic expression.
• It is crucial to ensure that any regulation respects the fundamental rights of individuals.

2. Transparent and Inclusive Consultation Process

• The legislative process should be transparent and inclusive, involving all relevant stakeholders.
• Public consultations should be held to gather diverse opinions and address concerns.

3. Clear and Precise Provisions

• The provisions of the Bill need to be clear and precise to prevent arbitrary enforcement.
• Specific guidelines should be established to define thresholds, compliance requirements, and censorship criteria.

4. Independent Oversight Mechanism

• An independent oversight mechanism should be established to review and monitor the implementation of the Bill.
• This body should ensure that enforcement actions are fair, transparent, and accountable.

5. Safeguarding Digital Rights

• The Bill should include measures to safeguard digital rights and freedoms.
• It is essential to protect the independence of digital creators and prevent undue government interference.

6. Balance Between Regulation and Freedom

• A balance should be struck between necessary regulation and the freedom of digital content creators.
• Regulations should not stifle creativity, innovation, or the free flow of information.

7. Proactive Engagement with Digital Platforms

• The government should engage proactively with digital platforms to develop fair and effective compliance measures.
• Collaboration with these platforms can help create a balanced regulatory environment.

8. Public Awareness and Education

• Efforts should be made to educate the public about the implications of the Bill and their digital rights.
• Awareness campaigns can empower individuals to understand and protect their freedoms.

Conclusion

• The Broadcasting Regulation Bill, 2024 represents a significant shift in the regulation of digital media in India.
• While it aims to address the challenges of digital content management, it raises substantial concerns regarding government control, bureaucratic complexity, and potential for arbitrary enforcement.
• A careful and balanced approach, recognizing constitutional limits, ensuring transparency, and safeguarding digital rights, is essential to create a fair and effective regulatory framework.

Practice Question:  Discuss the implications of the growing influence of digital media on voter behaviour and the potential impact of the Broadcasting Regulation Bill, 2024, on democratic expression in India. (150 Words /10 marks)

2. The case for a Legal Advisory Council

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS2 –  Governance

Context

The article addresses the central government’s difficulties stemming from insufficient legal management, suggesting the creation of a Legal Advisory Council (LAC) to mitigate these issues. Legal Advisory Council (LAC) will provide continuous, expert legal advice to the government, leveraging the expertise of national law universities for constitutionally viable and socially acceptable legislation.

Inadequate Legal Handling by central government

• The central government has struggled to achieve a strong electoral victory, partly due to poor handling of legal issues.
• There is a need to review the process of legal consultancy provided to the government.
• Continuous, informed, and empirically valid legal inputs from well-structured think tanks could clarify legislative intents.

Proposal for Legal Advisory Council (LAC)

• A Legal Advisory Council (LAC) to the Prime Minister, similar to the Economic Advisory Council (EAC), is proposed.
• The LAC would provide continuous legal advice, helping to prevent constitutional challenges to government legislation.

Recent Legal Issues Highlighting the Need

Electoral Bonds Scheme

• The Supreme Court declared the electoral bonds scheme unconstitutional for violating voters’ right to information.
• A proportionality test could have balanced privacy rights of donors with voters’ right to information, potentially avoiding the court verdict.

Aadhaar Act, 2016

• The Supreme Court’s intervention in the Aadhaar case (K.S. Puttaswamy v. Union of India, 2018) could have been avoided with prior legal scrutiny.
• A detailed examination of the Aadhaar Act’s implications would have preempted the legal challenges.

Transporter Strike

• Section 106(2) of the Bharatiya Nyaya Samhita, 2023, caused a transporter strike due to concerns about disproportionate penalties.
• The provision, penalising hit-and-run offenders with up to 10 years in prison, was contested until the government agreed to amend it.

Role of National Law Universities

Expertise and Resources

• National law universities are equipped to assist governments in formulating constitutionally viable laws.
• These institutions have the expertise, knowledge, and resources to conduct comprehensive legal viability assessments.

Legislative Research and References

• Regular research references from national law universities to governments can enhance legislative quality.
• Examples include the Committee for Reforms in Criminal Laws at National Law University Delhi and the framework on the right to repair by the Department of Consumer Affairs.

Establishing the Legal Advisory Council (LAC)

Functions and Terms of Reference

• The LAC would provide legal analysis of issues referred by the Government of India.
• It would analyse the potential impacts and outcomes of contemplated laws and conduct suo motu legal research on contemporary issues.

Composition of LAC

• The LAC would include legal luminaries, eminent jurists, prominent academicians, and researchers.
• Specialists in criminal law, trade law, international law, business laws, and taxation laws would be part of the council.

Differences from Law Commission of India (LCI)

Proactive vs. Reactive Roles

• Unlike the Law Commission of India (LCI), which recommends reforms in existing laws, the LAC would proactively anticipate legal impacts and challenges.
• The LAC would assist in the formulation of laws, while the LCI focuses on reforms and amendments.

Engagement and Effectiveness

• The LCI has produced few reports and implemented only half of its recommendations.
• A more dynamic body like the LAC could navigate the legal landscape swiftly, leveraging academic potential and providing timely advice.

Conclusion

• Establishing a Legal Advisory Council (LAC) can help the government navigate complex legal challenges effectively.
• Leveraging the expertise of national law universities and creating a proactive legal advisory body are essential steps.
• The LAC, though not the sole solution, would provide continuous and informed legal input, enhancing the quality and constitutional viability of government legislation.

Practice Question:  Discuss the potential benefits and challenges of establishing a Legal Advisory Council (LAC) to the Prime Minister for improving legislative processes in India. (250 Words /15 marks)