Software Freedom Law Center, India (SFLC.in), wrote to the Ministry of Information and Broadcasting to address concerns regarding the opacity in the consultation process of the draft Broadcasting Services (Regulation) Bill, 2024 (“Broadcast Bill”), as reported in media.
Through the letter, we have urged the MIB to adhere to an inclusive and discourse-centered public consultation process, as mentioned under the Pre-Legislative Consultation Policy, 2014. This will help ensure thorough analysis, better transparency, and fair evaluation of the draft law.
In November 2023, SFLC.in submitted its comments to the initial draft of the Broadcast Bill to the MIB. However, we have not received any response from the ministry regarding our submissions. In the letter, we have also requested the MIB to publish comments/feedback on our comments as required under the PLCP.
Read our comments on the Broadcasting Bill here: https://sflc.in/comments-on-broadcasting-bill-2023/
Read the letter here:
To, 9th August 2024
Shri Ashwini Vaishnaw,
Minister of Information and Broadcasting
Government of India
Room No 552, A wing Shastri Bhawan
New Delhi-110001
Subject: Urgent call for action for public consultation of the Broadcasting Services (Regulation) Bill 2024
Respected Sir,
We are writing this letter to address concerns regarding the opacity in the consultation process of the Broadcasting Services (Regulation) Bill 2024 (“Broadcast Bill”). Several news reports state that the Broadcast Bill has undergone revisions and only select stakeholders have received copies of the Broadcast Bill from the Ministry of Information and Broadcasting (“MIB”) after undertaking non-disclosure agreements.
The Government of India adopted the Pre-Legislative Consultation Policy, 2014 (“PLCP”) obliging every Ministry/Department to publish proposed legislation for public consultation and scrutiny by all stakeholders. Public consultations are crucial as they provide citizens an avenue to engage in democratic discourse, address concerns, seek clarifications and rectify errors/loopholes in draft laws. Per media reports, the Broadcast Bill places extremely onerous and overbroad obligations on content creators, journalists, writers, artists and any other form of expression.
As the Broadcast Bill aims to regulate a wide set of stakeholders, we urge the MIB to adhere to an inclusive consultation process rather than selective close-door consultations. Selective Consultation only serves to limit the discourse on matters that will have bearing on each citizens’ freedom of speech and expression under Article 19(1)(a) of the Constitution. Furthermore, the MIB must publish the Broadcast Bill in regional languages to give regional stakeholders a fair chance to access public consultation. Copies of the responses received must also be published subject to individual requests for maintaining privacy.
SFLC.in submitted comments to the initial draft of the Broadcast Bill released on 10 November 2023 to the MIB on 15 January 2024. However, we have not received any response from the MIB regarding our submissions. We request the MIB to publish comments/feedback to our comments as required under PLCP to further the consultation process and in the interest of transparency.
Public consultations are essential in democratic societies. Such consultations are even more crucial for laws that intend to govern digital rights and freedoms. A democratic system of government mustencourage diverse stakeholders through public consultation. Engaging in public consultations helps to limit the spread of misinformation and alleviate panic among stakeholders on new laws. Moreover, a transparent approach to public consultations is beneficial for the government to strengthen the public’s trust in its actions.
SFLC.in urges the MIB to follow an inclusive and discourse-centered public consultation process, as mentioned under the PLCP, for the Broadcast Bill to ensure thorough analysis, better transparency, and fair evaluation of the draft law.
We look forward to your response on this matter and remain at your disposal should you wish to discuss the issues mentioned in this submission further.
About SFLC.in
SFLC.in is a donor supported legal services organization that brings together lawyers, policy analysts, students, and technologists to protect freedom in the digital world. SFLC.in promotes innovation and open access to knowledge by helping developers make great Free and Open Source Software, protectprivacy and civil liberties for citizens in the digital world by educating and providing free legal advice and help policy makers make informed and just decisions with the use and adoption of technology. SFLC.in has been granted Consultative Status with the Economic and Social Council of the United Nations (ECOSOC).
Regards,
Prasanth Sugathan
Legal Director, SFLC.in
Copy to:
Shri Sanjay Jaju, Secretary, Ministry of Information and Broadcasting
Shri S. Krishnan, Secretary, Ministry of Electronics and Information Technology
