Broadcasting Bill 2024: Is it modernizing media or muzzling voices? Why does it raise concerns among digital content creators?
Where do you get your news from? The Indian population, nearly 52%, get their news, information and even infotainment online through channels, including Instagram polls, X and YouTube videos. If you, too, are one of them, then you should know that a lot of this is going to change. Content shared by digital creators is going to be under scrutiny due to the latest draft of the new Broadcasting Bill 2024, also known as Broadcasting Services (Regulation) Bill 2024.
Earlier, a draft was released in November 2023 and caused a lot of dilemmas over who it applies to and what the code of conduct would be. The second draft was released in July 2024, and there is a lot more in this, trying to answer these questions, although not so clear. Under Ashwini Vaishnaw’s provision (Minister of Information and Broadcasting), the Broadcasting Bill 2024 aims to replace the 3-decade-old Cable Television Networks Regulation Act 1995 and widen its scope.
The proposed Broadcasting Bill 2024 in India has sparked controversy, specifically among digital content creators as well as influencers. It is noted that the main aim of the bill is to modernize and extend regulations traditionally applied to cable television to enclose online content, which includes digital news broadcasters and over-the-top or OTT platforms. On the flip side, there are people in fear due to increased censorship and stifle free speech.
What does Censorship mean?
The concept of censorship refers to the suppression or prohibition of free speech, and public communication, along with other information that is considered objectionable, harmful, sensitive as well as inconvenient by governments, authorities or media outlets. It can cause an effect after the integration of the Broadcasting Bill 2024. This includes the restriction of films, websites, news and also books. The emphasis of the Broadcasting Bill differentiates in times, as it can be for the purpose of protecting national security, upholding moral values, along preventing the spread of misinformation to the common people.
Key provisions and concerns
Regulation of digital content
An aspect of the Broadcasting Bill 2024 is its broad defoliation of digital news broadcasters, which includes YouTubers, Instagram influencers, X and bloggers who monetize their content. This comes shortly after the controversial budget passed by the finance minister earlier in July 2024. Although the official implication of the bill is yet to be declared, after the actual incorporation, these creators will have to comply with a programme code and advertising code, similar to traditional broadcasters. This can be any platform sharing news and current affairs, even those with no minimum follower count for applicability. This could cover a vast number of individuals and small businesses, which can increase the scope of regulation.
Three-tier regulation framework
The Broadcasting Bill 2024 proposes a three-tier regulatory framework for digital content creators, which are –
- Self-regulation: Self-regulation means that creators will have to appoint a grievance officer in order to handle complaints. This is added with an administrative layer that could be burdensome for smaller creators who do not have adequate resources to dedicate staff to this role.
- Self-regulatory organizations: In this category, creators will be required to join a self-regulatory body to ensure adherence to the programs and advertising code. Primarily, it is surrounded by fees and compliance costs that small creators could find difficult to meet.
- Government oversight: A Broadcast Advisory Council, consisting of government officials and industry professionals, will look after compliance and address appeals. This body has the authority to impose penalties for non-compliance, including monetary fines and also imprisonment to an extent.
Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023
The draft Bill provides for a consolidated framework to regulate the broadcasting services in the country and seeks to replace the existing Cable Television Networks (Regulation) Act,… pic.twitter.com/m9x5cXzkNx
— PIB India (@PIB_India) November 14, 2023Content evaluation committees
The Content Evaluation Committees (CEC) is another requirement that content creators will need to follow. The role of these committees is that they will pre-screen content before publication, which adds a layer of pre-publication censorship, delaying the dissemination of news on time and also inhibiting free expression. The necessity for CECs under the Broadcasting Bill 2024 is relevant concerning independent journalists and small content creators who lack the resources to implement such structures.
What the other things are that broadcasters would be required to do?
As per the draft released in July 2024, the broadcasters will be required to take a few mandatory measures. The draft of the Broadcasting Bill 2024 says that within a period of one month from the notification of this proposed legislation, OTT broadcasting service operations and digital news broadcasters will have to provide an intimation to the Union government about their operations.
The content creators are also required to self-certify their content, and it will be evaluated by the CEC. Further, supplementing video programs with subtitles and translating the audio content of videos into sign language with be mandatory. It will also require to implementation of video content with audio descriptions. Any kind of violation of these guidelines could lead to a penalty for the broadcasters. Even foreign creators can fall under the ambit of the Broadcasting Bill 2024.
What could be the impact on free speech and press freedom?
Critics seem to have a disagreement with this due to the Broadcasting Bill 2024’s vague terminology and extensive regulatory mechanisms that give the government substantial control over digital content. This could lead to censorship under the guise of maintaining public order, decency and even security. Similar provisions in existing laws have been used to censor content and target digital media platforms under subjective criteria. The creators fear that these new regulations will give the government the equipment to dissent and control the narrative online.
Economic and operational burden
There are roughly 25 to 35 lakh content creators in India, and among them, a small number of 1,50,000 are able to monetize their content. The compliance costs associated with the Broadcasting Bill 2024 are a problem. For small content creators who form a significant part of the burgeoning digital economy of India, it will be challenging for them to meet regulations related to censorship. Establishing CECs, joining self-regulatory bodies, along adhering to strict codes could be financially burdensome.
What is the rationale behind the government’s regulate independent news creators?
The central government of India has been seen to defend the Broadcasting Bill 2024 as a necessary step to update outdated regulations and ensure accountability in the evolving digital environment. One of the primary reasons behind censorship is related to the Lok Sabha Election 2024, as independent YouTubers and their continuous news updates on the ruling party have been a concern for the government. It argues that the current legal framework based on the Cable Television Networks Act 1995 is not appropriate to address the complications of modern digital broadcasting. Therefore, through introducing a new bill, the government want to promote a unified regulatory framework.
What does the opposition party opine about the Broadcasting Bill of content creators?
Opposition parties and digital rights advocates have been vocal in their criticism. They argue that the Broadcasting Bill 2024’s provisions amount to excessive surveillance and government control, which can threaten the independence of the press and restrict free speech. The Congress Leader Pawan Khera was found to call it out as a direct threat to freedom of speech. This party also labelled this bill as government tyranny, which highlights it will regulate individuals and small teams providing independent news coverage. Priyanka Gandhi said, “Government Preparing to Gag Digital Media”.
How does the Broadcasting Bill 2024 compare to other countries?
In Singapore, it is seen that both traditional broadcasters and OTT content providers fall under the country’s broadcasting law, Mediacorp. Under the country’s copyright law, OTT platforms are regulated and they require a license from a regulatory. In the United States of America, OTT content creators are yet to be regulated by the government. However, the Federal Communications Commission (FCC) and its Media Bureau regulate broadcast radio and television stations.
