Synopsis: The Broadcasting Services (Regulation) Bill, 2024, aims to classify digital content creators such as YouTubers and Instagram influencers as digital news broadcasters if they cover news or current affairs. This bill, which seeks to replace the Television Network Act of 1995, requires these creators to register with the Indian government and comply with a three-tier regulatory framework similar to that of streaming services.
The Broadcasting Services (Regulation) Bill, 2024, introduces significant changes for digital content creators, potentially reclassifying YouTubers, Instagram influencers, and other digital creators as digital news broadcasters if they cover news or current affairs.
This bill, which aims to replace the Television Network Act of 1995, is set to impact a wide range of online content creators.
According to the Hindustan Times, the bill mandates that digital creators with a user base above a specified limit must notify the Indian government of their presence within one month of the bill's enactment.
These creators will also need to register under a three-tier regulatory framework previously applied to streaming services such as Amazon Prime Video, Netflix, and Disney+ Hotstar.
In addition, the bill requires these creators to establish a content evaluation committee at their own expense to review all content prior to publication.
Social media companies failing to provide user information to the government will face criminal liability.
Accounts sharing news must inform the government of their details within one month of the bill’s notification and comply with the three-tier regulatory structure, irrespective of the platform used or follower count.
The bill, initially released for public consultation in November 2023, aimed to consolidate all broadcaster regulations under a single law.
There were initial concerns about whether online news content creators not affiliated with traditional media or registered digital media would be subject to the same obligations as streaming platforms, referred to as "OTT broadcasting services."
The 2024 version of the bill seeks to address these concerns by introducing a new category called digital news broadcasters.
It clarifies the ambiguity of the first version by defining “professional” as someone engaged in an occupation or vocation, and “systematic activity” as any structured or organized undertaking that entails planning, method, continuity, or persistence.
Furthermore, the bill expands the definition of “news and current affairs programmes” to include “texts,” in addition to existing categories such as “audio, visual, or audio-visual content, signs, signals, writing, and images,” all of which can be transmitted directly or through a broadcasting network.
The definitions of ‘programme’ and ‘broadcasting’ have also been revised to encompass “texts” and “textual programmes,” respectively.
In essence, this bill covers all online news and news-related content, including videos, commentary on social media, websites, newsletters, and podcasts.
In conclusion, the Broadcasting Services (Regulation) Bill, 2024, represents a significant shift in how digital content creators are regulated in India.
By potentially classifying YouTubers and Instagram influencers as digital news broadcasters, the bill aims to bring online news content under a stringent regulatory framework.
This move could impact a vast number of creators, requiring them to comply with new registration and content evaluation mandates.
As the bill is still in the public feedback stage, its final form will depend on further approvals by the Union Cabinet and subsequent presentation in Parliament. Other details about the bill are yet to come.
Disclaimer: This article is based on the current draft of the Broadcasting Services (Regulation) Bill, 2024, which is subject to change. The bill is in the public feedback stage and will require approval by the Union Cabinet and Parliament. Please refer to official sources for the most current information.
