The Indian government has introduced a new draft of the Broadcasting Services (Regulation) Bill, 2024, which proposes classifying news influencers as digital news broadcasters. This bill aims to update the outdated Cable Television Networks Act of 1995 and address the evolving landscape of digital media.
The Evolution of Broadcasting Regulation
The Broadcasting Services (Regulation) Bill, 2024, aims to replace the Cable Television Networks Act of 1995, reflecting the dramatic changes in media consumption over the past three decades. This bill seeks to unify the regulation of traditional and digital broadcasters under one comprehensive law.
Who Will Be Affected?
Digital News Broadcasters
The bill proposes categorizing individuals who regularly upload videos, make podcasts, or write about current affairs online as digital news broadcasters. This encompasses all news and news-adjacent content online, such as videos, social media commentary, websites, newsletters, and podcasts. This inclusion aims to bring more accountability and regulation to the rapidly growing digital news sector.
Intermediaries and Social Media Platforms
The bill also extends due diligence requirements to intermediaries, including social media platforms, advertisement intermediaries, internet service providers, online search engines, and online marketplaces. These entities must provide information to the government to ensure compliance with the act. Non-compliance could result in the loss of safe harbour protections and potential penalties under the Bharatiya Nyaya Sanhita, 2023.
Key Provisions
Definition Revisions
The bill introduces new definitions, such as “professional” and “systematic activity,” to clarify who falls under the new regulations. It also expands the definition of “news and current affairs programmes” to include textual content, ensuring comprehensive coverage of all forms of digital media.
Online Advertising Regulations
A significant change in the bill is the regulation of online advertising. It creates the category of “advertising intermediaries” responsible for buying or selling advertisement space on the internet. All online ads must conform to the Advertising Code, though the responsibility for ensuring compliance remains unclear.
Special Provisions and Exemptions
The bill provides certain relaxations for OTT and digital news broadcasters, exempting them from criminal penalties for failing to inform the government upon reaching a prescribed threshold. It also introduces a regulatory sandbox to encourage innovation in broadcasting technologies.
Anti-Piracy Measures
To combat piracy, the bill includes provisions prohibiting the inclusion of copyrighted content without permission. It empowers the government to establish a dedicated task force to address piracy issues.
Implications for Content Creators
Content creators, including influencers and professionals who share information online, must be aware of these new regulations. The bill’s broad definitions mean that many individuals previously unregulated might now fall under this legislation, necessitating compliance with new obligations and reporting requirements.
Conclusion
The new draft of the Broadcasting Services (Regulation) Bill, 2024, represents a significant shift in India’s approach to regulating digital media. By classifying news influencers as digital news broadcasters and extending regulations to intermediaries and online advertisers, the bill aims to create a more accountable and transparent digital media landscape. As the bill is still in the public feedback stage, stakeholders have the opportunity to influence its final form before it is presented to the Union Cabinet and Parliament.
