A Licence Raj for Digital Content Creators
July 31, 2024

Context

  • The advent of digital media has significantly transformed the political landscape in India, as illustrated by two comprehensive CSDS-Lokniti surveys.
  • These surveys, encompassing a vast demographic of 642 million voters and 924 million broadband connections, reveal the increasing prominence of digital platforms in shaping public opinion and political discourse.
  • Despite the continuing dominance of television, digital media is emerging as a crucial channel for political engagement, particularly in influencing younger and more tech-savvy voters.

Digital Media Consumption Patterns

  • The surveys indicate that a substantial 29% of respondents engage with political content on digital platforms daily, with an additional 18% doing so occasionally.
  • Although television remains the leading source of political information (42%), digital platforms surpass traditional newspapers (16.7%) and radio (6.9%) in terms of daily political content consumption.
  • Platforms like WhatsApp (35.1%), YouTube (32.3%), Facebook (24.7%), Instagram (18.4%), and Twitter (6.5%) are frequently accessed by users for political updates, suggesting a shift towards a content election or an influencer election.
  • This shift is characterised by the growing influence of digital media over traditional forms of media.

An Analysis of the Political Influence of Digital Media

  • Emergence as a Political Force
    • Digital media has become an essential force in shaping political opinions and behaviours, moving beyond traditional boundaries of political communication.
    • This transformation is primarily due to the accessibility, interactivity, and proximity that digital platforms offer.
    • Unlike television, newspapers, or radio, digital media platforms allow users to engage with content in real-time, providing a dynamic space for political discourse and activism.
  • Democratisation of Information
    • One of the most significant impacts of digital media on politics is the democratisation of information.
    • Social media platforms like Facebook, Twitter, Instagram, and YouTube enable individuals to access a diverse range of perspectives and information sources.
    • This has weakened the traditional gatekeeping role of mainstream media, allowing for a broader spectrum of voices and opinions to be heard.
    • For instance, political influencers and independent journalists can reach large audiences without the backing of major media corporations.
  • Enhanced Political Participation
    • Digital media has also enhanced political participation among citizens.
    • Platforms like WhatsApp, Twitter, and Facebook serve as tools for organising and mobilising political activities.
    • For example, during election campaigns, political parties and candidates use these platforms to engage with voters, share their manifestos, and respond to public concerns.
    • This direct line of communication creates a more engaged and informed electorate.
  • Influencer and Content-Driven Politics
    • The rise of digital influencers has introduced a new dimension to political campaigning and discourse.
    • Influencers with substantial followings on platforms such as YouTube and Instagram often wield significant sway over their audiences.
    • These influencers can shape public opinion through their commentary, analyses, and endorsements.
    • The 2024 Indian general election, for instance, saw a marked increase in the activity of digital influencers who scrutinised the BJP's campaign and policies, contributing to a more informed and critical electorate.
  • Rapid Spread of Information and Misinformation
    • While the rapid spread of information on digital platforms can enhance political awareness, it also poses the risk of misinformation and fake news.
    • The virality of content on social media means that false information can spread quickly, potentially influencing public opinion and electoral outcomes.
    • This dual-edged nature of digital media necessitates robust fact-checking mechanisms and digital literacy among the populace to discern credible information from falsehoods.

Case Studies of Political Influence

  • 2016 US Presidential Election
    • The 2016 US presidential election highlighted the impact of social media on electoral politics.
    • Campaigns utilised platforms like Facebook and Twitter for targeted advertising and voter engagement.
    • Additionally, the spread of misinformation and foreign interference through social media became central issues, demonstrating both the power and vulnerabilities of digital platforms in political processes.
  • 2014 and 2019 Indian General Elections
    • In India, the BJP effectively leveraged digital media to engage with voters and propagate its message.
    • The party's sophisticated use of WhatsApp, Facebook, and Twitter helped it connect with a vast electorate, particularly young and first-time voters.
    • This digital strategy was instrumental in the party's electoral successes in both 2014 and 2019.

Governmental Control and Regulatory Measures

  • The IT Rules, 2021, provided the initial legal framework for this control, expanding MeitY’s powers and granting MIB new authorities over digital news media and online entertainment streaming apps.
  • Despite these measures, the Union Government faced challenges in fully controlling digital content, prompting further regulatory expansions.
  • In 2023, the creation of three Grievance Appellate Committees (GACs) marked the first expansion, allowing officials from the Ministry of Home Affairs, MIB, and MeitY to manage appeals and issue content-related orders.
  • A subsequent amendment in 2023, granted the government the power to remove digital content deemed fake, false, and misleading, although this amendment was stayed by the Supreme Court of India on March 21, 2024.

Key Highlights of the Broadcasting Services (Regulation) Bill, 2024

  • In response to the limitations of the IT Rules, 2021, the Union Government introduced the Broadcasting Services (Regulation) Bill, 2023, aiming to further tighten control over digital media.
  • This bill, if enacted, would require digital creators commenting on politics or news to register and operate under MIB’s discretion, effectively increasing government oversight and diminishing transparency and accountability.
  • The Broadcasting Bill, 2024, a revised version of the initial draft, seeks to extend the government’s command over digital media.
  • Key highlights of the bill include classifying individual commentators as Digital News Broadcasters and content creators as OTT Broadcasters, requiring registration once certain user thresholds are met.
  • The bill also introduces new compliances for online platforms and establishes a safe harbour regime independent of the Information Technology Act, 2000.
  • This framework aims to enforce censorship through proactive compliances, registrations, and fines, often relying on vague provisions that allow for arbitrary enforcement.

Implications for Democratic Expression: A License Raj for Digital Creators

  • The Broadcasting Bill, 2024, embodies a shift towards digital authoritarianism, creating a bureaucratic system designed to control online narratives.
  • This approach contrasts with the administrative burden of the notice-and-takedown model and represents a significant threat to democratic expression.
  • The bill's provisions, if enforced, could curtail the freedoms of digital creators and limit the diversity of political discourse in India.

Conclusion

  • The rise of digital media as a powerful tool for political engagement underscores the need for balanced regulatory measures that protect democratic freedoms while ensuring responsible use of digital platforms.
  • The Union Government's regulatory approach, as evidenced by the Broadcasting Bill, 2024, must carefully navigate these objectives to avoid stifling the democratic potential of digital media.