The way forward for policy foundation of Indian M&E Sector

Moderated by Shashi Shekhar Vempati, Leader in Media/Technology space and former-CEO, Prasar Bharati, the panel discussion saw the industry leaders and government dignitaries focus on what is the way forward for the Policy Foundation of Indian Media and Entertainment Sector.

Speaking at the IDS 2023, Vempati pointed out that a lot of the regulatory framework that we see today had originated about two-and-a-half years back as a lot of concerns around content, fake news, etc. came to the surface during the pandemic.

“There are other dimensions of policy and regulations which perhaps require us to relook at the old laws and put in place a very progressive foundation for how we are going to govern this sector in the form of the Data Protection Draft Bill, Digital India Act, etc.,” he said.

He also went on to add that with AI software like ChatGPT becoming the rage of the day and age, it’s no longer about content platforms and who’s doing it- a human or an algorithm.

“The policy foundation will thus have a much long-term view in terms of how these issues can be tackled in the long run,” he added.

Upon being questioned as to what are some of the challenges on the platform and what lessons can one take from the global industry, Mihir Rale, Chief Regional Counsel, Disney+ Hotstar, replied that it is great that the industry is finally starting to relook at laws that have already lived life to their potential.

“From a global standpoint, the speed at which the regulation-making happens is important, but in some cases where it’s done hastily just to push things through, and non-deliberation happens, things don’t work well,” he stated.

He also went on to add that when it comes to delivering content, the technology that goes into it and the manner of how it is going through become equally important parameters basis which a lot of differentiation must be evolved, and not just because innovation is at the core of it.

“If we step back and think of it, we all are actually competing for people’s time when we validate the people to consume our services and compete for their time,” he opined.

Rale also went on to emphasise that the reason why a lot of intervention happens only when there’s an exact substitute is because one needs to make the space available for people to reel away outside of that exact substitute.

“What needs to be done is that there has to be sufficient deliberation and it has to be well thought of as it has to outlive all of us,” he added.

Moving ahead, Vempati also added that many times, the thought process of coming up with several policies or regulatory foundations is aimed at how it can be controlled but what about the positive outcomes?

Commenting as to how India can become a global powerhouse of content innovation, Disney+ Hotstar’s Rale stated that from a content standpoint with more intervention happening into what someone is consuming, the freedom of speech and the trust of viewers to make a choice for themselves is being taken away.

“It’s about time that we felt and behaved in a way that we have confidence in our people to make the choices for themselves,” he stated.

Additionally, Ritesh Khosla, Deputy General Counsel and Head- Standards and Practices, Sony Pictures Networks India, also said that the last five-seven years have been a game changer for the entire industry.

“As the proliferation of Digital media is happening, the government has to take a proactive measure of regulating some of the segments of digital media which can be on the sidelines of content, distribution, technology, etc.,” he said.

Furthermore, he also went on to point out that this has already begun with IAMAI and TRAI emphasising the Indian Telecom Bill in the current times. What has happened with the proliferation of digital media is that there has been a fragmentation of segments which the government wants to regulate, be it softly or aggressively.

“The laying of the foundation for any important sector of the Indian economy will require a lot of discussions with the stakeholders,” he opined.

When asked as to what is the ideal regulatory framework in his opinion for the industry, Khosla stated that in his opinion the right way forward is to bring all the regulatory bodies under one umbrella and that the Digital Media Act would be the right opportunity to do so because whatever may be the policy or the foundation that the government wants to lay down, it can be well thought and regulated when under one body.

Sharing his take on the matter, Disney+ Hotstar’s Rale also stated that while there are guidelines for technology right from inception which is from where the content actually goes from the creator to the end consumer, in his opinion, content and carriage should be kept separately as their parameters and reasons for getting into regulations are different.

Later on, Vikram Sahay, Joint Secretary, Ministry of Information and Broadcasting, also went on to emphasise that taking into consideration the past two years of having extensive consultations with the IAMAI, the ministry has not seen a single complaint escalate from the second tier which in itself is an indicator of the robustness and efficiency.

He also went on to add that it is important for the oversight mechanism to be there because the citizens want the government to be there for taking responsibility.

Upon being questioned as to what is the way forward for regulating digital news content and combatting fake news, Sahay replied that during the pandemic, the role of fact-checking was very important because everyone was unaware of the nuances of the disease all across the globe and thus apart from Prasar Bharati and MIB, the states and the Home Ministry was taking care of busting fake news.

To clarify the apprehensions regarding the IT Rules which are proposed to be amended wherein if the PIB Fact Check finds a particular content to be fake and that content should be pulled down, MIB’s Sahay pointed out that in the last one month, PIB had identified 100 pieces of content on certain YouTube channels after which the platform itself struck down three accounts on its own and all the accounts were demonetised.

“The problem is that a lot of bad content takes over the place of good content. The viewership of bad content is 10-20 times more than good content which is the sad part,” he said.

Sahay also clarified that the PIB Fact Check only looks at decisions relating to the central government and doesn’t look into any other aspect, not even the state government or any other organisation.

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