A few controversial proposed and enacted digital laws are in the news again. Over 18 and 19 June, the Indian Ministry of electronics and information technology held consultative meetings with stakeholders and think tanks on the Digital Competition Bill and its potential impact on the industry. For the uninitiated, the proposed law, somewhat on the lines of Europe’s Digital Markets Act (DMA) enacted earlier this year, is aimed at curbing anti-competitive practices of the Big Tech companies such as Google, Facebook, and Amazon, which are accused of favoring their own services over competitors.
The meetings, skipped by the Big Techs, evoked diverse views. Though the proposed law seeks to rein in the alleged monopolistic trade practices of the IT giants, a section of participants in the meetings, including the Internet and Mobile Association of India (IAMAI), argued whether there was a need for an EU-like ex-ante regulatory framework or anticipatory measures. They felt such measures could hurt startups and innovations, as funds could dry up, according to media reports that quoted industry sources.
There are concerns over proposed cross-data usage restrictions, and tying and bundling of services, which many felt would affect consumers. According to the bill, entities designated as ‘systematically significant digital enterprises’ (SSDEs) would be barred from the cross-usage of the end user’s personal data. It also bars the SSDEs from forcing or incentivizing users to use their multiple offerings. Certain ‘core digital services’ such as search engines and social media sites would be designated SSDEs based on specific parameters such as turnover, users, and influence.
However, other industry bodies such as the Alliance of Digital India Foundation (ADIF) felt the bill would create a level playing field. Digital news publishers, who seem to be in favor of the ex-ante approach, however, aren’t too happy that the proposed law misses out on the bargaining code that would give them some government-backed leverage for bargaining for a fair share of revenue from Big Tech. More such meetings would be held before the bill is finalized.
Reuters report on media freedom
Coming to digital news, the Reuters Institute for the Study of Journalism in its recently released annual Digital News Report notes that Indian journalists and digital media groups are concerned about the “sweeping regulatory powers given to the government” under three new enacted laws.
The India section on page 136 of the Report refers to The Digital Personal Data Protection Act, The Press and Registration of Periodicals Act, and The Telecommunications Act 2023. The data protection act empowers government-appointed board members to implement its own provisions. The Press and Registration of Periodicals Act, it says, gives ‘unspecified powers’ to the government to issue guidelines or make rules.
The Telecommunications Act 2023, the report says, has raised concerns over its broad definitions of telecommunication services, and ‘about excessive powers for surveillance, internet shutdowns, and government access to encrypted social media messages.’ It also refers to how the Supreme Court put on hold the government’s plans to make its fact-check unit the core place to flag false information related to government business. India’s leading press bodies and digital rights organizations have demanded a roll-back or repeal of provisions in various new laws that infringe or curtail press freedom, as we report elsewhere in this issue.
YouTube rules amid declining interest in news
The Reuters report notes the declining trust for some news brands, at a time when the mainstream Indian media has faced criticism for its coverage of the violence in Manipur, where the Kuki and Meiteis communities have clashed for more than a year. Nevertheless, the report says that the overall trust score in news has increased marginally from 38% to 41%. In it, legacy brands retain the highest levels of trust, including public broadcasters such as the BBC and All India Radio.
Social media platforms, especially YouTube, form the main source of news in India. 45% of readers share news via social media, messaging, or email. More than half use YouTube (54%) for news, followed by WhatsApp (48%). Facebook’s share fell to 35% while 13% use X (formerly Twitter) to source news.
Traditional platforms for accessing news remain popular with print media at 40%, and TV 46%. All mediums – online, social media, TV, and print – however, have recorded a steady decline since 2021 – pointing to a declining interest in news media as a whole.
