The Ministry of Information and Broadcasting has drafted the Broadcasting Services (Regulation) Bill 2024. It will replace the Television Network Act of 1995 and aims to revamp the regulatory framework for broadcasting services in India.
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About the Draft Broadcasting Services (Regulation) Bill 2024-
- Background: The initial draft of the bill was introduced in November 2023 and featured a program code for OTT (streaming) platforms.
- The 2024 draft expands the scope of the law to include online content creators by introducing a new category called “digital news broadcasters.”
- Definition of digital news broadcasters: Digital news broadcasters include publishers of news and current affairs content. This applies to anyone who broadcasts such programs through online newspapers, news portals, websites, social media intermediaries, etc., as part of a systematic business, professional or commercial activity. However, replica e-papers are excluded from this definition.
- Creators will have to notify the Ministry about their activities.
- Creators must constitute a 3-tier regulation structure named Content Evaluation Committee (CEC), register with a Self-Regulatory Organisation and adhere to orders by the Centre-appointed Broadcast Advisory Council.
- News creators who fail to notify the Central government about the names, credentials and other details of their Content Evaluation Committee (CEC) members will be subject to fines.
- Code of Ethics: The Bill aims to enforce the code of ethics outlined in the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which has been stayed by the Bombay and Madras High Courts.
OTT Platforms under the Latest Draft?
In addition to user-generated content, the Centre intends to regulate OTT platforms under this new bill. OTT platforms are now classified as ‘publishers of online curated content,’ aligning them with the IT Rules 2021. Content broadcast on these platforms is defined as curated material that excludes news and current affairs programs.
Scope and Concerns Regarding the Broadcast Services (Regulation) Bill 2024-
Some concerns arose during the 2024 Lok Sabha polls, particularly regarding sensational news created by independent content creators, which led to calls for increased accountability and a level playing field with mainstream media. There were also worries about tech companies’ algorithms potentially amplifying certain narratives. The proposed regulations raised concerns about the potential impact on freedom of speech, including broad definitions of digital news broadcasters and requirements for prior registration. Additionally, the government might exempt certain stakeholders from these regulations.