Podcast, law and misinformation in the new information age

Podcasting has surpassed the popularity of many social platforms, including LinkedIn and Twitter and rapidly emerged as one of the most popular media platforms on Earth. Podcasts provide an excellent means of engaging with audiences, as created by individuals irrespective of their educational qualifications in journalism. Individuals equipped with a microphone and a regular posting schedule can substantially impact the media landscape. The content covers a wide range of topics, including news, finance, humor, spirituality, education, crime thrillers, narratives, technology etc. It has become a popular method of acquiring knowledge due to its accessibility via websites and applications, which allow for in-depth listening, reflection, and comprehension in any environment without requiring dedicated concentration time.

The term “Podcast” was originated by BBC journalist Ben Hammersley in February 2004, who combined the words “Pod” and “broadcast”. In 2005, it was incorporated into the Oxford English Dictionary. Storytelling has been a part of Indian culture since ancient times. It evolved from printed literature in magazines to radio dramas, television, and daily soaps.

Podcasts now serve as a platform for sharing stories and experiences thereby fostering connections between individuals. Consumer tastes are shifting due to global entertainment availability and changing social environments. Consequently, podcasts are instrumental in facilitating this transformation due to the increased use mobile and the availability of low-cost smartphones, affordable data plans, and a growing demand for content. The podcasting business has experienced significant growth, having a global audience of 584 million podcast listeners. It is anticipated that this figure will reach approximately 650 million by the conclusion of 2027. Additionally, it provides a platform for the emergence of a variety of viewpoints, thereby altering the way in which material has been consumed and produced throughout history.

Podcasts provide a cost-effective alternative that necessitates minimal effort. The consequence of this has been a significant increase in the number of independent podcasts, which presents a significant opportunity for emergent voices. The podcasting ecosystem has been enhanced by the proliferation of regional language content in India, which has enabled creators from a variety of linguistic backgrounds to contribute. Furthermore, the Podcast Index suggests that approximately 3570,000 new podcasts are released every 30 days.

Despite the numerous benefits of podcasts, they are also subject to criticism and challenges. One potential concern is the misinformation or biased content. “Misinformation is worse than an epidemic,” as it can be fatal when it reinforces misplaced personal bias against all trustworthy evidence and travels at the speed of light throughout the globe. Users frequently encounter misinformation, which can result in harm to life, injury, income, business, emotions, trust, reputation, safety, privacy, decision-making, and more, as a result of the rapid digitization of society. Misinformation has been demonstrated to be multimodal and can be found on a variety of platforms, including search engines, podcasts, X (Twitter), and YouTube.

Podcasts often lack the strict journalistic standards found in traditional media, necessitating a thoughtful evaluation of sources and fact-checking. The extensive range of podcasts can pose difficulties for listeners in evaluating the credibility of hosts and guests, as well as in identifying and locating reliable sources. Researchers and policymakers often overlook the importance of podcasts in addressing misinformation. They may view the medium as less problematic due to its slow virality, but this overlooks the massive audiences of podcasts and the potential harm of spreading falsehoods. Understanding the problem’s scope is crucial for identifying appropriate policy solutions to address misinformation within the unique context of the podcasting space. The absence of centralized platforms for verification and quality control requires individuals to evaluate the authenticity of podcast creators.

A formal structure is urgently required to regulate material on social media. Currently, India lacks a specific Podcast Law. Podcasts are presently categorized as a component of digital media or over-the-top (OTT) content hosted on sites such as Spotify and YouTube. The Ministry of Electronics and Information Technology (MeitY) has issued (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, requiring intermediaries to ensure they do not host, display, upload, publish, transmit, store, or share information that violates current laws, thereby reducing their liability under section 79 of the IT Act. Additionally, the Ministry of Information and Broadcasting (MIB) has also issued an advisory dated March 21, 2024, to media outlets, including social media platforms, to refrain from publishing or broadcasting advertisements of online betting platforms and/or any product or service that depicts these platforms in a surrogate manner. It has also been recommended that the online advertisement intermediaries refrain from targeting the Indian audience with these advertisements. Indian podcast services, such as Aawaz, Kuku FM, and Hubhopper, frequently adhere to voluntary content guidelines. Numerous entities possess internal moderation teams and provide users with the capability to report content.

Social media platforms in India are implementing content moderation rules to combat harmful content, using artificial intelligence and machine learning algorithms to identify misinformation and filter undesirable content. Human moderators evaluate reported content for context, but challenges such as censorship, consistency, and fairness persist.

A diverse and independent media sector, emphasizing local journalism, freedom of expression, and access to information, serves as the cornerstone of democracy. It plays a crucial role as a watchdog for the public interest, helping to curb disinformation and holding both state and non-state actors accountable. In order to establish a legislative framework that safeguards both security and freedom in the digital domain, it is imperative that legislators, industry actors, and civil society collaborate with users to address discriminatory platform regulations. Additionally, the empowerment of users and the prevention of regulation from becoming censorship can be achieved by strengthening independent fact-checking mechanisms and advocating for unbiased content moderation policies. India’s measures to regulate social media are consistent with a global trend aimed at mitigating the negative effects of digital platforms. Countries throughout the world such as United States, China, European Union, United Kingdom etc. are implementing cautious methods to safeguard their populations, particularly the younger generation, from the potential risks associated with social media.

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