The Ministry of Information and Broadcasting has prepared the draft Broadcasting Services (Regulation) Bill, 2024 which will replace the Television Network Act of 1995. According to reports the act will classify influencers or social media pages who make content or write about current affairs or any other news online as ‘digital news broadcaster’.
About the Draft Broadcasting Services (Regulation) Bill 2024:
- Background: This draft is a revision of the one released by the Ministry of Information and Broadcasting in 2023 to consolidate the legal framework for the broadcasting sector and extend it to over-the-top (OTT) content and digital news.
- Key features:
- Definition of digital news broadcasters:
- The definition of digital news broadcasters to include publishers of news and current affairs content.
- This means any person who broadcasts such programmes through an online paper, news portal, website, social media intermediary, etc., as part of a systematic business, professional or commercial activity.
- However, this excludes replica e-papers.
- Code of Ethics: The Bill seeks to validate the code of ethics prescribed under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which has been stayed by the Bombay and the Madras HCs.
- Content Evaluation Committee (CEC):
- It is a committee to evaluate content and certify its compliance with the code.
- The creator community will now be faced with a 3-tier regulation structure.
- Creators will have to constitute CECs, register with a Self-Regulatory Organisation and adhere to orders by the Centre appointed Broadcast Advisory Council.
- The news creators who do not intimate the Central government – names, credentials and other details of members of their CEC will be fined –
- Rs 50 lakh in the first contravention, and
- Rs 2.5 crore for subsequent violations in the next three years.
What is the Position of the OTT Platforms under the Latest Draft?
- Besides user generated content, the Centre also aims to regulate OTT platforms under this new bill.
- However, the revised draft no longer mentions the streaming platforms as a part of the definition of ‘internet broadcasting services’.
- The OTT platforms are now referred to as a ‘publisher of online curated content’ to bring them in line with IT Rules 2021.
- The content broadcast on these platforms is defined as the curations that exclude news and current affairs programs.
Why is the Scope of the Draft Broadcasting Services (Regulation) Bill 2024 Significantly Expanded?
- Instances of sensational news during the 2024 Lok Sabha polls:
- Independent content creators made videos on current affairs which made some sensational claims about the government and its senior leaders.
- Hence, the need was felt to create a system of accountability for these creators, and to provide a level-playing field between mainstream press and independent creators.
- Content amplification by big-tech companies:
- Another concern was the decisions made by tech companies’ algorithms, and whether they ended up amplifying a certain narrative over another.
- However, these companies have told the government that their algorithms serve users content depending on their browsing history.
Concerns Regarding the Draft Broadcasting Services (Regulation) Bill 2024:
- May have a chilling effect on the freedom of speech and expression:
- The latest draft raises several questions on the freedom of speech and expression and the government’s powers to regulate it.
- This includes defining a digital news broadcaster in sweeping terms; requiring prior registration with the government to prescribing standards for content evaluation; etc.
- The government may exempt a distinct class of players: This implies that some stakeholders may be spared from the Bill’s provisions.