Introduction
The Broadcasting Services (Regulation) Bill, 2024, aims to replace the Cable Television Networks Act of 1995. The initial version was released for public consultation in November 2023, intending to consolidate all broadcaster (New Broadcasting services Bill)regulations under a single law. The bill has faced scrutiny regarding the obligations for online news content creators, especially those not associated with legacy media or registered digital media. The 2024 draft introduces a new category, “digital news broadcasters,” to address these concerns.
Key Definitions and Inclusions
“Professional” and “Systematic Activity”
The bill defines a “professional” as anyone engaged in an occupation or vocation. “Systematic activity” refers to any organized activity involving planning, method, continuity, or persistence.
“News and Current Affairs Programmes”
The new version includes “texts” in the definition of “news and current affairs programmes,” expanding the scope beyond audio, visual, audio-visual content, signs, signals, writing, and images.
“Programme” and “Broadcasting”
The definitions of “programme” and “broadcasting” have been revised to encompass “texts” and “textual programmes.”
Online Content Coverage
All online news and news-adjacent content, including videos, social media commentary, websites, newsletters, and podcasts, fall under the bill’s purview.
Current Status
The bill is currently in the public feedback stage and must pass through the Union Cabinet before being tabled in Parliament.
Obligations for Intermediaries and Social Media
The bill introduces new obligations for intermediaries and social media platforms, particularly concerning streaming services and digital news broadcasters. It includes provisions targeting online advertising.
OTT Broadcasting Services
The definition of OTT broadcasting services has been updated. This revision means that not only platforms like Netflix and Amazon Prime Video but also regular content creators on social media could be considered OTT broadcasting services. For example, a chartered accountant posting videos on YouTube about IT returns, or a journalist tweeting regularly, could fall under this category if they have sufficient followers or subscribers. (New Broadcasting services Bill)
Due Diligence Requirements
Intermediaries, including social media intermediaries, advertisement intermediaries, internet service providers, online search engines, and online marketplaces, are required to provide relevant information to the central government to ensure compliance. Failure to comply could result in losing safe harbour protection and facing penalties under the Bharatiya Nyaya Sanhita, 2023.
Online Advertising Regulation
The bill creates the category of “advertising intermediaries,” which refers to entities that facilitate buying or selling advertisement space online without endorsing the advertisements. All online ads must conform to the Advertising Code. However, it remains unclear who will ensure compliance—the ad creator, the intermediary selling the ad space, or the platform displaying it. The bill does not clarify the status of sponsored posts by influencers, considered ads under the Consumer Protection Act, 2019.
General Obligations for Broadcasters and Network Operators
Broadcasters and network operators must comply with the government’s foreign direct investment policy and standard operating procedures during disasters, similar to conventional broadcasters.
Relaxations and Exemptions
The bill exempts OTT and digital news broadcasters from criminal penalties for failing to inform the government of reaching the prescribed threshold. If they do not meet the required subscriber or viewer threshold, they are deemed to have provided intimation. The government can also relax certain provisions to avoid genuine hardship for specific groups of OTT or digital news broadcasters.
Self-Regulatory Organizations and Negative List
Self-regulatory organizations for streaming platforms and digital news broadcasters registered under the IT Rules, 2021, are deemed registered under the Broadcasting Act. The updated draft includes a negative list of content that does not require certification or vetting by the in-house content evaluation committee (CEC), such as already certified public viewing programs, news, and educational programs. Broadcasters are no longer required to publicize CEC members’ names and credentials, only to inform the central government.
Seizure and Confiscation of Equipment
The bill limits the power to seize and confiscate equipment to cable broadcasting networks, radio broadcasting networks, and any other broadcasting network or service notified in the gazette. The section on the right of way for broadcasters has been significantly shortened.
Anti-Piracy Provisions
The bill includes anti-piracy provisions prohibiting the use of copyrighted content in programs without permission. It also empowers the central government to establish a dedicated task force to combat piracy.
Regulatory Sandbox
The central government can create “regulatory sandboxes” to encourage innovation and technological development in broadcasting. These sandboxes serve as live testing environments where new products, services, processes,(New Broadcasting services Bill) and business models can be tested with a limited set of users for a specified period, with relaxations from the provisions of the act.
Pros of the Broadcasting Services (Regulation) Bill, 2024
- Unified Regulation: Consolidates all broadcasting regulations under one law, simplifying compliance and enforcement.
- Inclusive Definitions: Expands the definitions of broadcasting to include various forms of digital content, ensuring comprehensive coverage.
- Enhanced Compliance: Introduces due diligence requirements for intermediaries, promoting accountability and transparency.
- Anti-Piracy Measures: Strengthens anti-piracy provisions, protecting intellectual property rights.
- Regulatory Sandbox: Encourages innovation in broadcasting technology through regulatory sandboxes.
- Exemptions and Relaxations: Provides exemptions and relaxations for OTT and digital news broadcasters, reducing the regulatory burden for smaller players.
- Clear Framework for Online Ads: Establishes guidelines for online advertising, promoting responsible advertising practices.
Cons of the Broadcasting Services (Regulation) Bill, 2024
- Ambiguity in Compliance: Unclear guidelines on who is responsible for ensuring compliance with advertising regulations—ad creators or intermediaries.
- Broad Scope: The inclusion of social media content creators under broadcasting regulations might be overly broad and burdensome.
- Impact on Small Creators: Small content creators could face significant compliance challenges and potential penalties.
- Due Diligence Requirements: Stringent due diligence requirements for intermediaries could increase operational costs.
- Regulatory Overreach: The bill’s extensive reach into digital content could be seen as regulatory overreach, potentially stifling free expression.
- Implementation Challenges: Practical challenges in implementing and enforcing the new regulations effectively.
- Lack of Clarity on Sponsored Content: The bill does not clearly address the status of sponsored posts by influencers under the new regulations.
Conclusion
The Broadcasting Services (Regulation) Bill, 2024, represents a significant overhaul of existing regulations, extending its reach to digital news broadcasters and online content creators. While it aims to streamline and modernize broadcasting regulations,(New Broadcasting services Bill) the bill also raises important questions about the scope and implementation of its provisions. The public feedback stage will be crucial in shaping the final version of the bill before it moves forward in the legislative process.
For more recent Intresting News You can Please Click Here
