Balancing free expression and accountability: The future of online content creation in India

Broadcasting Bill may make a re-entry in changing digital landscape

The recent controversy surrounding popular talk show figures Samay Raina, Apoorva Mukhija and Ranveer Allahbadia, sparked by a comment made by Allahbadia on the YouTube show ‘India's Got Latent’, has ignited a debate on the limits of humour, freedom of speech, and content regulation in India’s digital landscape. Amid the uproar, legal action, and public apologies, the incident has drawn attention to the broader implications for creators, platforms, the government's role in regulating online content and a possibility of broadcasting bill, once shelved to be re-introduced.

Popular stand-up comedian Samay Raina, YouTuber and Instagram influencer Apoorva Mukhija, and podcaster Ranveer Allahbadia better known as Beer Biceps, recently found themselves at the centre of a controversy following a comment made by Allahbadia during an appearance on the popular YouTube comedy show India’s Got Latent.

The remark, which many deemed highly inappropriate, sparked a backlash across social media platforms, leading to public outrage, legal action, and even death threats directed at the trio. In response to the uproar, the comedians issued public apologies, but the situation escalated further when legal action was initiated against them for alleged misconduct.

Even though the Supreme Court granted interim protection from arrest to Ranveer Allahbadia in connection with the first information reports (FIRs) registered against him over remarks India Got Latent. This incident has sparked a wider debate about the limits of humour, freedom of speech and the responsibility of content creators in the digital age. While some defended the comedians, arguing that the comment was made in jest, others felt the remark crossed a line, particularly given the increasing sensitivity surrounding certain topics in Indian society. Many argued that this issue is being blown out of proportion, especially when more serious and heinous crimes are overlooked.

“I get why people are upset, but it is disheartening to see the entire institutional mechanism rally against a joke while far more heinous crimes do not get the same level of scrutiny,” Vishesh Sharma, a student residing in Indore, Madhya Pradesh tells Media India Group.

The controversy has also highlighted the growing polarisation of the Indian audience and raised concerns about whether comedic expression is being restrained by increased cultural sensitivities.

“What Ranveer said was undoubtedly wrong, but there are far more important issues to focus on. India’s Got Latent gained popularity precisely because people enjoyed its humour and format. If audiences preferred clean comedy, they could watch Kapil Sharma Show. The fact that people willingly subscribed to watch Latent proves that it was giving them what they wanted,” Aksh Malhotra, a student based in Delhi, tells Media India Group.

“Sensitivity to humour varies from person to person, but social media plays a significant role in shaping public reactions. The same people who once enjoyed Latent for its edgy humour are now condemning it. Instead of saying the audience has become more sensitive, I would argue they are heavily influenced by online discourse. Ranveer probably should not have made that joke, and he seems to acknowledge his mistake. However, in the grand scheme of things, there are far more pressing issues that deserve our attention,” he adds.

Amid this tension, reports emerged that a panel from the Ministry of Information and Technology is considering stricter regulations on social media platforms and has instructed OTT services to adopt self-regulation measures.

In response to the controversy, the Indian government issued a stern advisory to social media platforms and OTT services, urging them to adhere to the Code of Ethics under the Information Technology Rules of 2021.

The government has also stressed the need for platforms to ensure compliance with existing laws and warned against the spread of obscene, pornographic, and vulgar content. One of the primary stipulations in the advisory is the age-based classification of content, particularly enforcing access control for ‘A’ rated material to prevent children from being exposed to inappropriate content.

The issue also caught the attention of the Supreme Court, which heard Allahbadia’s plea to club multiple FIRs filed against him. The Court strongly questioned whether the government had plans to regulate explicit content online. The Court remarked, “We will not leave a vacuum,” urging the authorities to take swift action.

Following this, the Centre also called for digital platforms to enhance self-regulation and adhere to legal frameworks designed to prevent harmful content from spreading. While the trio is cooperating with the authorities and their legal teams are working to resolve the matter, the controversy has drawn attention to the broader implications of content regulation in India.

One key issue on the horizon is the controversial Broadcasting Bill, which was shelved previously due to its sweeping powers and the concerns over its impact on freedom of expression, already under attack in the country. The Broadcasting Bill, if enacted, could give the government more control over online content by imposing stringent regulations on both traditional media and digital platforms.

Critics of the bill argue that it could stifle free speech by giving authorities the power to arbitrarily restrict or remove content deemed inappropriate, harmful, or politically sensitive.

There were also concerns that the bill would empower the government to control narratives and limit dissent, thus infringing upon fundamental rights guaranteed under the Indian Constitution.

“If passed, India’s proposed Broadcasting Services Bill would have a big effect on the country’s media and digital environment. The bill gives the federal government broad authority to regulate content, which may result in the restriction of internet content that the government deems unsuitable. These rules may restrict free expression and creative expression by forcing publishers to conform their works to the wishes of the government,” Hussain Dilshe, Professor, Babasaheb Bhimrao Ambedkar Bihar University, located in Muzaffarpur, Bihar, tells Media India Group.

As the government contemplates stricter regulations, the ongoing tensions underscore the challenges of preserving free expression while ensuring that content remains responsible and respectful of diverse audiences. With potential policy changes on the horizon, the future of online content in India remains uncertain.