DIGITAL AUTONOMY OR REGULATORY OVERREACH? A CRITICAL ANALYSIS OF INDIA'S BROADCASTING SERVICES (REGULATION) BILL

Abstract

The regulation of online platforms and broadcasting services lies at the heart of contemporary debates on democratic governance, free expression, and state control. While the independence of digital broadcasting is often framed as essential to fostering an informed citizenry and safeguarding pluralism, the rapid expansion of online content and the growing influence of digital media have intensified calls for regulatory intervention. Governments worldwide face the challenge of maintaining this equilibrium—curbing misinformation and harmful content while preserving the foundational principles of free speech. This article critically examines India's Broadcasting Services (Regulation) Bill, 2024, situating it within broader legal and policy frameworks governing digital media. It analyses how the Bill navigates the competing imperatives of content regulation and freedom of expression, assessing its implications for social media platforms and Over-The-Top (OTT) services. The article further investigates whether the Bill constitutes a measured response to the challenges of the digital age or an overreach that risks constraining independent media and online discourse. It offers a broader reflection on the evolving nature of digital governance in India and its alignment with constitutional and international standards.