Content regulation has never been more critical, with India’s vibrant film, television, radio, and digital media industries driving its ascension towards becoming a global content hub. Policymakers are thus placed in the challenging position of striking a delicate balance between freedom of expression, accountability, and standards of ethics at a time when platforms such as OTTs transform the very act of content creation and consumption. In this context, there is an urgent need for a comprehensive survey to gauge public sentiment, particularly among India’s youth, to shape a regulatory framework that respects democratic values, nurtures creativity, and addresses real-world challenges faced by content creators and consumers alike.
Content regulation has become a hot topic in a pervasive, ubiquitous world of film, radio, TV, and digital media platforms like OTTs and social media. With the emergence of OTT platforms, Indian content creators have started exploring new ways of expressing their creative energies, which has resulted in Indian content being consumed globally and winning awards on international platforms. This is also in tune with the Government of India’s vision to make India a global content hub. However, the real challenge will be to balance conflicting needs – to create differentiated and varied content that meets Indian sensibilities and to uphold the constitutional guarantee of freedom of speech and expression.
With this intent, we embark on a new initiative to understand the views of a targeted group of people – Indian youngsters who are hungry for content as they live in an era of the internet – through a survey. We believe this will help policymakers and stakeholders address real issues and challenges consumers face rather than applying one-size-fits-all policy measures to regulate content. Failing to understand stakeholders’ views and the different technologies through which content is delivered and consumed will stifle creativity and go against the spirit of India’s democratic norms. This would also defeat the Government of India’s objective to make India the “Content Hub of the World”.
Awareness and General Opinion on Broadcasting Regulation
The first step of the survey is to determine how well-informed the targeted group is on the laws currently regulating content available on different media platforms.
This survey is being commissioned following the Ministry of Information & Broadcasting’s recent withdrawal of the controversial Draft Broadcasting Services (Regulation) Bill, 2023, which tried to introduce content regulation delivered on different platforms under a single Act to the discomfort of stakeholders.
Previous debates around content regulation have raised concerns about potential threats to free speech, even though some argue that tighter regulation is needed to preserve ethical standards. Given the risk that it could be too heavy-handed and censorious, the main question is whether more content regulation is needed or if there are alternatives that enable the growth of content that appeals to the Indian consumer.
Artistic Freedom and the Role of Government in Content Regulation
The potential for government overreach is one of the most contentious aspects of content regulation, especially when models such as industry-led self-regulation have seen success. Advocates for regulation argue that some level of government oversight is essential to ensure ethical practices and social responsibility in content. However, there is significant apprehension that increased government control could lead to self-censorship, where content creators avoid topics that could be controversial or unconventional to avoid censure. It also raises the crucial point that content standards set by the government may always, on some level, be at odds with independent media.
The survey will investigate the relationship between existing regulations and respondents’ opinions on the quality of content. For example, some commentators believe that government action could help raise the media standard by enforcing some moral norms, while others are more skeptical of its effect.
Concerns regarding the erosion of artistic freedom are prevalent across the sector. Some stakeholders believe that government intervention in self-regulatory bodies may curtail free speech and lead to a less innovative and more uniform media landscape, while others feel that government oversight without interference is appropriate.
Amending content to conform to government requirements could undermine the media’s role in a democracy as a platform for various perspectives and diminish the range of content that shapes public opinion. Respondents may hold different views about whether a greater degree of regulation would constrain the diversity of content or maybe unclear whether such controls would increase or reduce media pluralism.
The Path Forward: Striking a Delicate Balance
What exactly do we do next? The regulatory system must foster creativity, diversity, and critical assessment even when some measures are necessary to prevent harmful behaviour – like the dissemination of hate speech or disinformation – from taking place.
The way forward requires a broad approach which addresses multiple issues: public interest, consumer choice, rights of content creators, and the role of the government in maintaining democratic principles and free speech.
The Survey: Advancing Insights into Public Sentiment
To gain a deeper understanding of public opinion regarding this significant matter, an extensive survey is being undertaken to collect insights from a group of consumers directly impacted by content regulation throughout India. This survey seeks to reflect their varied viewpoints on the necessity of content regulation, the possible dangers associated with censorship, and the critical role of safeguarding freedom of expression within the media. The findings from this survey will offer essential direction to policymakers and industry leaders as they navigate the future landscape of content regulation in India.
Understanding consumers’ and creators’ perspectives most affected is pivotal in navigating the fluid landscape of regulating content. This is what we shall try to gauge through this very survey, one that will eventually help strike an appropriate balance in creative freedom vying with responsibility, ensuring regulation that is appropriate for India’s democracy and cultural tenor. You are the change that will further shape the content regulation landscape in India. We invite you to participate in this important initiative by sharing your views through the survey.