The Broadcasting Services (Regulation) 2024 Bill aims to modernise India's media regulations by replacing the Cable Television Networks Act of 1995. This new legislation will extend regulatory oversight to all digital news content, including online news, podcasts, and social media posts. Significant updates in the bill include the creation of a new category for digital news broadcasters, expanded definitions affecting online content creators, and new regulations on intermediary obligations and online advertising.
Definition Of Digital News Broadcasters
The updated bill introduces the category of "digital news broadcasters," which encompasses individuals and entities producing online news and current affairs content. This includes newsletters, social media posts, podcasts, and videos. The bill's expanded scope aims to address concerns about non-traditional media creators being held to obligations meant for streaming platforms. It defines "professional" as anyone engaged in systematic or structured activities and broadens the definition of "news and current affairs programmes" to include textual content alongside traditional audio, visual, and audio-visual formats. Consequently, individuals who share tax advice on platforms like YouTube or regularly post news updates on Twitter could be classified as digital news broadcasters and thus subject to the bill’s regulations.
Updated Definitions And Terms
The draft bill revises definitions related to "programme" and "broadcasting" to include textual content. This change ensures that the bill encompasses all online content related to news. For example, a chartered accountant providing financial advice on YouTube or a journalist sharing updates on Twitter could fall under the bill's regulatory framework. These updates are intended to ensure that the legislation keeps pace with the evolving digital media landscape.
Intermediary Obligations
The bill significantly expands the definition of "intermediary" to include internet service providers, social media platforms, online search engines, and marketplaces. It mandates these intermediaries to provide data to the central government concerning OTT broadcasters and digital news broadcasters. Non-compliance could result in fines and the loss of safe harbour protections, as outlined by the Bharatiya Nyaya Sanhita, 2023. Importantly, if digital news broadcasters or OTT services use these platforms, the compliance burden shifts to them rather than the intermediary platform.
Regulation Of Online Advertising
A major innovation in the bill is the introduction of regulations for online advertising. The draft bill establishes a new category of "advertising intermediaries" responsible for overseeing ad space on digital platforms. All online advertisements must comply with the Advertising Code, though the responsibility for ensuring adherence—whether it falls on the platform, the intermediary selling the ad space, or the ad creator—is still unclear. Additionally, the bill considers regulating sponsored posts by influencers, which are already covered under the Consumer Protection Act of 2019.
Exemptions And General Obligations
The bill retains several general obligations for broadcasters, such as adherence to foreign direct investment policies and disaster management procedures. However, it introduces some relaxations, including exemption from criminal penalties for failing to report a subscriber threshold for OTT and digital news broadcasters. The central government also has the authority to issue guidelines to exempt certain operators from specific provisions to prevent undue hardship.
Self-Regulation And Anti-Piracy Measures
The bill acknowledges self-regulatory organizations for streaming platforms and digital news broadcasters that were previously registered under the IT Rules, 2021. It also strengthens anti-piracy laws by criminalizing the use of copyrighted content without authorization and empowering the government to form a task force to combat piracy.
Regulatory Innovation Sandbox
Another noteworthy feature of the bill is the establishment of "regulatory sandboxes" by the federal government. These sandboxes allow for the testing of new broadcasting technologies and business models in a controlled environment, with some provisions of the Act relaxed for experimentation purposes.
Controversies And Concerns
The Network of Women in Media, India (NWMI) has raised concerns about the Broadcasting Services (Regulation) Bill, 2024. In its submission to the Information & Broadcasting Ministry, the NWMI argued that the bill could lead to excessive control and over-regulation of both traditional and digital media.
The organization criticized the bill’s broad definitions, which could potentially impact individual creators and small news operators. They also expressed concerns over the potential for government overreach through Content Evaluation Committees (CECs) and a Broadcast Advisory Council, suggesting that such measures could undermine media freedom and creative expression in India.
The NWMI urged the government to conduct extensive consultations with all stakeholders and to publish draft codes for public feedback before proceeding further with the bill.
