The Indian government restricted FDI in media so BBC bypasses it by creating a new Indian entity fully owned by Indians. A fun read

lilly159

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Original Source: https://boringmoney.in/p/bbc-creates-a-new-entity

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A thing that governments do sometimes is restrict the amount of investment foreign companies can make in certain industries. One reason to do this could be to protect local companies. For instance if a large, mature retail company from one country enters a small, nascent market in another country, it might out-price and out-compete all of its competitors. Because, well, maybe it knows how to procure or even manufacture stuff for cheap.

In the long run this can be bad. The large foreign retail company and others like it might be the only ones that survive and local companies would never get big.

This is contentious! You’ll find economists arguing all day about this. Some of them will write books with examples of when restricting foreign investment worked out and others will write books of when it didn’t work out. I really don’t know. But one, apparent, reason to restrict foreign direct investment (or FDI) is to help local companies get big instead.

Another reason for a government to restrict FDI is so that it can just generally have greater control over a particular industry. Take coal mining. A company might come into a country, dig out its coal and suddenly leave if it has a change of mood. If you’re a government, you would want the company to be around to clean up the mess. Just in case there is a mess. [1]

Of course, sometimes governments might want to control an industry for other reasons. In 2020 the Indian government decided that it would like to have some control over news websites in India and capped foreign ownership in digital media companies at 26%.

When I read about this 3 years ago my first thought was—how do they even enforce this? If you’re a retail company that wants to sell to Indians, you have to physically be in India. If you’re a mining company that wants to mine coal in India, you have to again physically be in India. That’s why the rules work! If you don’t follow the rules, the government will make angry faces at you, penalise you, shut you down, etc.

But if you’re a news website that wants to be read by Indians, you have to just… exist on the Internet? You don’t need a physical presence in India to have a readership in India. But sure, you do need a physical presence in India if you have, well, journalists, that are actually gathering the information you publish.

Anyway last week BBC decided to separate out the “news website” part of the company from the “journalists gathering information” part of the company in India so that it could comply with the stupid FDI regulation. From Bloomberg:

The British Broadcasting Corp. said more than 200 staff will leave to join a newly created media business in India, following the introduction of rules limiting foreign ownership and aimed at increasing the accountability of news organizations.

Four BBC executives will depart to create Collective Newsroom, an Indian company wholly owned by the country’s citizens, which will create content commissioned by the BBC, the BBC said in a statement on Tuesday. They will be followed by about 250 staff and the new venture will be “in compliance with the Indian Foreign Direct Investment law,” the BBC added.



Collective Newsroom will produce news commissioned by the BBC. A smaller number of staff will remain in India and employed directly by the BBC, but their work will be sent back to other parts of the world, such as the UK headquarters, for publishing.

BBC is a big British media company. It owns an entity in India where most of its staff are employed. The FDI thing was an annoyance, so to comply, it created a new company called Collective Newsroom, which is owned by four of its Indian executives. Almost all of BBC India’s employees will move to this new company, do the same work, earn the same salaries, publish the same stories, on the same website. They’ll just be employed by a different, Indian-owned company in India.

This new company Collective Newsroom will work for the BBC. In return, it will earn a fee. Presumably this is exactly how BBC India worked with its parent company earlier. The difference being that if you look into BBC’s accounting books now, you will find the expenses recorded as “payments to vendors” as opposed to “salaries” earlier.

I wonder what this does to tax collections. BBC will pay Collective Newsroom for its work, and I’d guess that this amount will be exactly as much as Collective Newsroom happens to need to cover its salaries and operational expenses. So at the end of the day, Collective Newsroom won’t make any money. So it won’t pay any tax. [2]

A lot of financial engineering is about saving tax. This financial engineering was about operating in a country that doesn’t like you. But hey it still saves tax! [3]

Footnotes

[1] India actually does allow foreign direct investment in coal mining. I just like this example because it’s a neat example of how environmental concerns can be a legitimate reason to exercise more control over an industry.

[2] I checked BBC India’s financials and it made a net profit of ₹7 crore ($800,000) in FY2023 and paid ₹3 crore as tax. Not anymore!

[3] Okay, this might not strictly be true. BBC India’s profit would now be recognised as BBC’s profit in the UK, so it might just end up paying more tax there instead.

Original Source: https://boringmoney.in/p/bbc-creates-a-new-entity
 
@lordswarrior Someone on my blog pointed out that the Indian government has been trying to bring in a "google tax" to tax foreign companies that earn from advertising or sales in India without an entity itself in India. But it isn't implemented yet. Link: https://www.livemint.com/technology...global-deal-faces-hurdles-11655750564356.html

Someone else on another reddit thread pointed out that unless this new company serves other clients, the govt might still go after it for tax evasion. I tend to agree, this isn't the end of the story.
 
@lilly159 Makes me once again think of S. Swamy's remarks about creating an indirect taxation model while reducing income tax to zero.

Not sure how it would work, though. No advertising allowed unless you take a license from the govt? Higher GST in subscriptions? Idk.
 
@lilly159 if newsroom works for BBC and the content they produce will still be published by BBC, govt can control what newsroom creates and supplies.so govts power is not diluted.

if BBC is publishing, FDI restrictions still apply. they also will be earning income from india publishing and the profits will be taxed appropriately. what was previously shown as salaries under expenses will now show up as vendor payment. that makes no difference to the tax liability. besides there is arms length transaction implications.

whither fun!
(down votes expected)
 
@mommykoko You have got it wrong. The idea behind restriction on FDI in press was to keep control within India for what gets published. It was required to be done by ensuring majority control be with Indians who can be pressured into staying within the narrow lane - whether in national interest or political interest.

In new structure, control remains with BBC. The Creative Newsroom as a contracting agency does not publish anything. It only provides creative inputs on contract basis to BBC International.

So BBC international can publish anti government narratives without any repercussions. Any pressure on Creative Newsroom is inconsequential as they can be replaced at a whim.
 
@brione
So BBC international can publish anti government narratives without any repercussions

thats already happening... they cannot publish and generate revenue for/ in india access without an india entity.

govt can always impose restrictions on access to international publications.
 
@mommykoko
they cannot publish and generate revenue for/ in india access without an india entity.

If you go to bbc.co.uk and see their ads, the advertisers will be paying them for your Indian eyeballs from India. The advertisers themselves could be Indian, paying in precious foreign exchange, rather than paying in rupees to bbc India as done earlier.
 
@lilly159 Govt should create a press note clarifying a news entity is the one that publishes the content. In this case Creative Newsroom is not an independent media organization, it’s a contractual production company. BBC India cannot publish in India because it is not following the FDI rules.
 
@saer1212 Let's just go back to the good old days of Doordarshan. Just one government media channel. There is no point having 10 different government media channels running the same propaganda. One enough it keeps the viewer focused and brain washed.
 
@saer1212 Publish in india ? Wtf do you mean? In a world where we have internet, it doesn’t matter where you publish. Modi fucking can’t take criticism. That explains all the bs.
 
@genebgto Countries protect their media market from foreign influence. US ended up banning RT and drove CCTV out after making them register as foreign agents. You can blame Modi all you want.

Even with internet it is possible to moderate what is published by platforms in particular countries
 
@saer1212 RT and CCTV are propaganda bs. I know because I used to watch them for sometime. It’s an insult to call them news channels. Even then US should not have banned them. Freedom of press is important even when you don’t like what they write about you.

Modi acts like an insecure teenager who can’t take criticism
 

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