Draft Broadcasting Services Regulation Bill 2024

Introduction

In the recent past, the internet has presented itself as a viable and popular form of media that supports the independent expressió Still, it seems that the map of content creation in India can dramatically shift in the near future due to the new Broadcasting Services Regulation Bill 2024 introduced. This draft bill that has been put forward by the Ministry of Information and Broadcasting (MIB) is to regulate that content that is available through the internet much like the traditional broadcasting mediums are regulated, thus raising questions of sovereignty of creativity and expression in the digital age that streams ahead.

The objective and intention of the draft bill is as follows:

• The Broadcasting Services Regulation Bill 2024 is presented as an attempt to regulate social media the same way traditional media which are television and radio are regulated.
• This move has come at a time more that many people get their news, entertainment and indeed political views over social media platforms.

Objectives of the Broadcasting Services Regulation Bill

• The broad purpose of the draft bill is to transplant established rules to the cyber space, insofar as content that forms and disseminates in cyberspace should be regulated akin to traditional broadcasters’ content.
• These relate to such issues as acceptability of content, decency and maintenance of public order.
• This bill targets extort money from large social media influencers, content creators, and political pundits so as to try and silence free speech on the Internet.

Intent of the Bill

• Although the aim of the bill is to raise comprehensiveness and sustain standards, the purpose behind the bill has been disputed.
• Some people have claimed that the bill threatens the independence of content producers, especially those who provide different opinions and who analyze the government’s actions on the Web.
• Expanding those rules into the online area can potentially harm the free speech and creative freedom – both critical to the functioning of democracy.

Key Provisions of the Draft Bill

• With the help of the Broadcasting Services Regulation Bill 2024 it is possible to notice several significant provisions that are going to reform the process of content creation and sharing in the virtual space in India.
• Such provisions are considered by many as a direct threat to the independence of the online creators.

Redefining the Term “Broadcaster”

• Among the provisions that elicited a powerful debate during the discussion of the draft bill is a new definition of the term “broadcaster. ”
• However, the bill broadens this category to include digital news broadcasters – in other words, any person who systematically disseminates news and current affairs on the internet.
• This incorporates influencers and producers of content are those individuals with YouTube channels, Instagrammers, X (formerly tweeters), blogging sites and podcast producers.
• This redefinition implies that every person who shares information via the scope of the Internet, starting from independent journalists and ending with bloggers, can be referred to the same law as the regular media houses.
• This could result in more regulation and possibly a restriction of content especially that which pertains to socio political issues.

Provisions for Digital News Broadcasters

• The draft bill proposes several specific conditions for the operation of DNBs: Those content creators whose channel collects a specific number of subscribers or viewers will be subjected to inform the government about their operations, follow the Programme Code, and herein create an obligatory complaints procedure.
• However, to have their license renewed, these broadcasters will have to operate under a three tier system of regulation, which are; self-regulation, regulation by a broadcasting association, and regulation by the state.
• For the content that does not fall within current affairs the bill has proposed prior censorship with a recommendation by the Content Evaluation Committee.
• This provision gives rise to doubts with regard to the amount of time necessary for the content publication and the possibility of its blocking in case it deems undesirable by the authorities, including any content which deviates from official ‘party’ lines or presents opinions which are contrarian to those held by the leaders of the country.

Penalties for Digital News Broadcasters

• The draft Broadcasting Services Regulation Bill also endows the government with strong powers to enforce regulations that it makes.
• Viewers may approach the government with any written or oral complaint against a broadcaster for breach of the Programme Code, and the government may demand cessation of operations, or ban programmes in the guise of sovereignty, security, order, decency, morality or foreign policy.
• What has concerned creators of digital content is the very wide range of enforcement powers that this bill grants, for fear that it may be used to suppress protests or any disagreeable opinions.
• Any likely of interference of the governments in the dissemination of content on the internet presents future of free speech in the internet era into serious doubt.

Extra-Territorial Application

• The draft The Broadcasting Services Regulation Bill also contains provisions for extra territorial Jurisdiction to mean that the Act may apply to content producers of International origin, media houses, journalists and anyone providing news and opinions on Indian affairs.
• This provision might thus pose a lot of difficulties for international content creators who will be interacting with the Indian public, because they will be bound by the laws of India irrespective of where they operate from.

Threatening Safe Harbour Protections

• That is why the bill also shifts new responsibilities to social media intermediaries, including sites that host and perform user content.
• It means that these intermediaries will have to obey government’s requirements that they will eventually provide data on the broadcasters they accommodate and guarantee that the contents of those will follow the Programme Code.
• This could erode the ‘safe harbour’ provisions being accorded these platforms, and thus expose them to legal suits, and government regulation.
• Some of the problems that I have with the provisions of the Draft Bill are the following:
  • The provisions that are enshrined in the Broadcasting Services Regulation Bill 2024 have raised a lot of controversy especially from opponents who are of the view that the bill does not differentiate the internet from traditional media.
  • Despite these, important questions as to the infringement of free speech and creative freedom are likely to be raised by the provisions of the bill.

Issues with the Provisions of the Draft Bill

• Contrary to TV, where content is broadcasted in a sequential and mass manner, Internet content is, as a rule, call for one and exclusive.
• This means that many online creators have more freedom and independence over what content they want to create and share, and when and how they want to do so, than many traditional broadcasters or journalists.
• The same way in which the bill levies high costs and operation complexity to producers and television stations, it could also do the same to content providers and new media workers who create content on the internet.
• This could lead to a ‘chilling effect’ whereby creators will either avoid doing their work while emphasizing on sensitive topics for fear of retribution from the government.

Challenges in Implementation

• The fact that the provisions of the bill apply outside the country’s territories creates a lot of implementation hurdles.
• Internet is global in nature and decentralized in a way that may make it challenging to implement the Indian laws to regulate the foreign YouTubers.
• There is potential for legal confusion, where International creators and platforms will be lost between multiple regulation programs and possibly legal issues.

Regulatory Overlap

• Another issue of concern that comes out of the draft bill is duplication of regulators.
• The current laws that apply to social media include the Information Technology (IT) Act 2000 and the rules that came with it that put responsibilities on social media intermediaries that include the establishment of complaint handling mechanisms, compliance with government directives, and,
• in addition, a notice-and-takedown policy for the removal of unacceptable content as flagged by the authorities.

Way Ahead for Internet Regulation in India

• As India continues to navigate the complexities of internet regulation, it is essential to strike a balance between maintaining standards and protecting freedom of expression.
• The Broadcasting Services Regulation Bill 2024 represents a significant shift in how online content is regulated, but it also raises important questions about the future of digital media in India.

Constitutional Challenges

• The IT Rules 2021 that aimed at bringing the government control over digital media are still existing but have been challenged in law courts and placed on hold.
• This presents a compelling call for need to ensure that any new regulations will not infringe on the constitutionally protected freedoms of speech as well as freedom of the content creators.

Need for Thorough Deliberation

• Any change in the Broadcasting Services Regulation Bill 2024 which leads to the enactment of the bill should be preceded by a strict consultation of the government with multiple and diverse stakeholders.
• Here one should include not only the Industry actors, but also independent Authors, Lawyers and NGOs.
• It is only when this complicated web of vested interests and stakeholders is unravelled in an open manner that one can truly build mechanisms of regulation that are protective of the interests of consumers, creators and the public at large, without quashing creativity and freedom of speech.

Conclusion

• The Broadcasting Services Regulation Bill 2024 is a progressive departure in regulating content across the Internet in India.
• Despite the noble goals of holding professionals accountable and protecting the public it is submitted that the provisions of the bill are troubling when it comes to freedom of speech and the autonomy of artists.
• While this adjustment plays out, stakeholders must actively work towards positive discourse so that any new regulation does not endanger the emergence of the fruitful and colourful climate that digital media is to the modern democracy.

FAQS

Q1: What is the Broadcasting Services Regulation Bill 2024?
Ans: The Broadcasting Services Regulation Bill 2024 is a draft bill proposed by the Ministry of Information and Broadcasting (MIB) to regulate online content creators and platforms in India. It aims to extend the regulatory framework applied to traditional media, such as TV and radio, to digital media, including social media and OTT platforms.

Q2: Who will be affected by the Broadcasting Services Regulation Bill 2024?
Ans: The bill targets digital news broadcasters, large influencers, content creators, and political commentators who publish content online. This includes individuals and organizations on platforms like YouTube, Instagram, X (formerly Twitter), blogs, and podcasts.

Q3: What are the key provisions of the bill?
Ans: Key provisions include redefining “broadcasters” to include online creators, requiring notification to the government, adherence to a Programme Code, and the establishment of a grievance redressal mechanism. It also introduces penalties for violations and mandates pre-certification for non-current affairs content.