Context:
The Ministry of Information and Broadcasting is reportedly engaging in confidential discussions with the broadcasting and entertainment sectors about the Broadcasting Services (Regulation) Bill, 2023. Although a draft of this Bill was shared publicly last year, the latest versions are being distributed only to a select group of stakeholders, with strict confidentiality measures in place. Each copy of the new draft is uniquely watermarked to track any unauthorized leaks.
Relevance:
- GS2- Right to Information
- GS3- IT and Computers, Role of Media and Social Networking Sites in Internal Security Challenges, Challenges to Internal Security Through Communication Networks, Cyber Security
Mains Question:
Government’s gatekeeping of critical debates hurts trust in policymaking. Discuss in the context of reported private and selective consultation of the Broadcasting Services (Regulation) Bill, 2023 recently. (10 Marks, 150 Words).
Significance of Public Consultation:
- The process of public consultation is a fundamental part of developing legislation that impacts many people in India.
- This principle was underscored by the government’s 2014 Pre-Legislative Consultation Policy, which emphasizes the importance of extensive public engagement prior to the formulation of laws.
- While the government did release an earlier version of the Bill to the public, it appears to have been reluctant to entertain feedback and has opted to consult only a limited number of stakeholders.
- This selective approach excludes important voices such as online content creators, significant segments of the media industry, and civil society groups—those who are likely to be most affected by media regulations.
- The proposed Bill aims to extend an already extensive regulatory framework, which has faced criticism for its potential to suppress free expression across various media, including news and entertainment.
- A clear example of this is the way content on OTT streaming platforms has been toned down since the implementation of the IT Rules, 2021.
- These developments raise concerns about the balance between regulation and freedom of expression in India’s media landscape.
What A Lack of Meaningful Public Consultation can Lead to:
- When viewed this way, the lack of meaningful public consultation—which is becoming increasingly common across various Ministries—may not simply be an oversight but rather a deliberate strategy to control major policy changes and determine who gets to influence them.
- This method of policymaking is concerning not just for the individual laws being developed but also for the process itself, which raises significant alarm.
- In the realm of media regulation, for example, the priorities of well-established corporate stakeholders might not align with those of new content creators, independent commentators, social media users, and freelance journalists who will also be affected by the Broadcasting Bill.
- Without access to the perspectives of these diverse stakeholders—or the ability to engage with them—the quality and integrity of the proposal are questionable.
Conclusion:
The government needs to abandon methods of policymaking that, while expedient, undermine public trust in their intentions. Meaningful public consultation does not prevent lawmakers from pursuing their desired actions; instead, it ensures that a variety of viewpoints are considered. Rushed and restricted consultations are likely to result in flawed and exclusionary legislation, ultimately harming the democratic process and eroding public confidence. Public input is essential for crafting balanced policies that reflect the needs and concerns of all affected parties.
