Media Regulations in India: Government Overreach Disguised as ‘Parity’

Simran Agarwal is a doctoral researcher at the Laboratory of Excellence for Culture Industries and Artistic Creation (LabEx ICCA), Sorbonne Paris Nord University in France. Shubhangi Heda is a PhD student with the Digital Media Research Centre at the Queensland University of Technology, Australia.  The fresh off-the-desk draft of the Broadcasting Services (Regulations) Bill released on November 10th, 2023 is yet another addition to a recent slew of new media and technology regulations in India. The government has repeatedly used the rationale of ‘parity,’ ‘level playing field,’ and ‘streamlining’ when instituting new laws, executive rules and guidelines for digital media. In light of these, it is important to reflect on the intentions underlying the claims of parity, and to assess if and how the new media regulations can actually achieve these lofty goals? In an effort to bring regulatory parity across media industries, the BJP government’s interventions in the media space have taken two, often simultaneous, routes.  Revamp and replace First, the state achieves parity through ‘revamping’ and ‘replacing’ earlier laws that are inept for sufficiently governing current media realities. In this case, parity is achieved by creating a unified law (or rule) for all the different media industries. This umbrella regulatory approach is evident in the draft Telecommunication Bill, proposed in 2022 to replace the Indian Telegraph Act (1885), Indian Wireless Telegraphy Act (1933) and The Telegraph Wire (Unlawful Protection) Act (1950). The Bill brings under one governing umbrella a broad range of telecommunication services which have been redefined to include …Media Regulations in India: Government Overreach Disguised as ‘Parity’