Controversy over the new draft law on broadcasting

The Broadcasting Services (Regulation) Bill, 2024 aims to modernize Indian media laws by replacing the Cable Television Networks Act, 1995. These new rules 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 for online content creators and new provisions on intermediary obligations and online advertising.

Definition of Digital Message Broadcasters

The updated bill introduces a category of “digital news broadcasters” that includes individuals and entities that produce news and current events content online. This includes newsletters, social media posts, podcasts and videos. The expanded scope of the bill aims to address issues related to non-traditional media creators who are required to comply with the obligations intended for streaming platforms. It defines a “professional” as anyone engaged in systematic or structured activities and expands the definition of “news and current affairs” to include text content alongside traditional audio, visual and audiovisual formats. As such, individuals who share tax advice on platforms such as YouTube or regularly post news updates on Twitter could be classified as digital news broadcasters and therefore fall under the bill.

Updated definitions and terms

The Bill amends the definitions related to “programme” and “broadcast” to include textual content. This change ensures that the Act covers 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 Act’s regulatory framework. These updates are intended to ensure that the laws keep up with the evolving digital media landscape.

Obligations of intermediaries

The Act significantly expands the definition of “intermediary” to include internet service providers, social media platforms, online search engines and marketplaces. It directs these intermediaries to provide data to the central government regarding OTT broadcasters and digital news broadcasters. Non-compliance can result in fines and loss of safe harbour protection under the Bharatiya Nyaya Sanhita, 2023. Importantly, if digital news broadcasters or OTT services use these platforms, the onus of compliance shifts to them and not the intermediary platform.

Regulation of Internet Advertising

A significant innovation in the bill is the introduction of provisions for online advertising. The bill creates a new category of “advertising intermediaries” responsible for overseeing advertising space on digital platforms. All online advertisements must comply with the Advertising Code, although the responsibility for ensuring compliance – whether it lies with the platform, the intermediary selling the ad space or the creator of the advertisement – ​​is still not clear. In addition, the bill considers regulating sponsored posts by influencers, which are already covered by the Consumer Protection Act 2019.

Exceptions and general obligations

The Act retains some general obligations for broadcasters, such as compliance with foreign direct investment policies and disaster management procedures. However, it introduces some relaxations, including exemption from penalties for failure to report subscriber thresholds for OTT and digital news broadcasters. The central government also has the power to issue guidelines to exempt certain operators from special provisions to prevent undue hardship.

Self-regulation and anti-piracy measures

The bill recognises self-regulatory organisations for streaming platforms and digital news broadcasters that have been previously registered under the IT Rules, 2021. It also strengthens anti-piracy provisions by criminalising the use of copyrighted content without authorisation and empowers the government to set up a task force to combat piracy.

Regulatory Innovation Sandbox

Another notable feature of the Act is the federal government’s establishment of “regulatory sandboxes.” These sandboxes allow for testing of new broadcast technologies and business models in a controlled environment, with some provisions of the Act relaxed for experimental purposes.

Controversies and concerns

The Network of Women in Media India (NWMI) has raised concerns over the draft Broadcasting Services (Regulation) Bill, 2024. In its letter to the Ministry of Information and Broadcasting, the NWMI argued that the bill could lead to over-control and over-regulation of both traditional and digital media.

The organization criticized the broad definitions of the bill, which could potentially affect individual creators and small news operators. They also raised concerns about the potential abuse of power by the government through the Content Evaluation Commission (CEC) and the Broadcasting Advisory Council, suggesting that such measures could undermine media freedom and creative expression in India.

NWMI called on the Government to conduct extensive consultation with all interested parties and to publish the draft Code for public comment before taking further action on the Bill.