Inclusion of digital publishers, content creators, and social media influencers within the scope of the Press Council of India Act (PCI Act, 1978) will directly affect the fundamental rights of those who publish information online, the Internet Freedom Foundation (IFF) says in its letter to the Ministry of Information and Broadcasting (MIB) and the Press Council of India.
IFF wrote to the Ministry after news reports earlier this month suggested that the government may expand the Act’s scope to include digital publishers, significant content creators, and social media influencers. It also argued that the government could fix thresholds for followers and subscriber numbers for influencers, above which they would fall under the PCI’s regulatory ambit.
“We request that the MIB publicly commit to an open, multi-stakeholder process in accordance with the Pre-Legislative Consultation Policy, 2014, before commencing drafting of the amendments to the PCI Act. As a first step, please publish an issues paper setting out the specific harms you seek to address through these amendments, and a mapping to existing frameworks such as the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021 to avoid duplication and conflict,” IFF suggests.
The context around online speech regulations:
Earlier this year, the Parliamentary Standing Committee on Communications and Information Technology released its 22nd Report titled Review of Mechanism to Curb Fake News. In the report, the committee stated that the government should define fake news and incorporate this definition into existing frameworks for print, electronic, and digital media.
The committee suggested that this definition should expressly exclude clearly identifiable opinions and satire. It also emphasised that the government should conduct stakeholder consultations and recommended forming a committee of experts to propose amendments to the IT Act, 2000, and the Cable Television Networks Act, 1995, to ensure that both laws directly address misinformation. Besides this, the committee believes the government should strengthen the Press Council of India, whose current powers are limited to issuing warnings.
Even before this report, the committee had urged the government to ensure that the Broadcasting Services Regulation Bill, 2023, “sees the light of day at the earliest.” A 2024 draft of this bill sought to bring digital content creators, such as YouTubers, within the regulatory purview. Once these creators crossed a certain threshold, the draft required them to set up Content Evaluation Committees (CECs) to review all content before publication.
Key comments from IFF’s letter:
IFF emphasises that only the grounds under Article 19(2) of the Indian Constitution justify restrictions on freedom of speech. “Content published by influencers that is opinionated and may hurt sentiments cannot be the basis of classifying news as…
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