The Ministry of Information and Broadcasting has proposed the Broadcasting Services (Regulation) Bill, 2024, which introduces onerous regulations on independent creators of news events on platforms like YouTube, Instagram and X.
About Broadcasting
- Broadcasting is the distribution of audio or video content to a dispersed audience via any electronic mass communications medium.
- It is typically done using the electromagnetic spectrum, such as radio waves, in a one-to-many model.
- With evolving technology, the broadcasting sector has evolved and new mediums are used to transmit content.
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Key features of the Draft Broadcast Services Bill 2024
- Purpose of the Bill: The Broadcast Services Bill 2024, which seeks to replace the 1995 Cable Television Networks (Regulation) Act, deals with television broadcasting.
Over-The-Top (OTT):
- About: OTT refers to content delivered via the internet without the need for traditional broadcasting or cable platforms.
- OTT allows users to access media directly through internet connections on various devices such as smartphones, tablets, smart TVs, and computers.
- Includes: OTT services typically include:
- Streaming Video Services: Platforms like Netflix, Amazon Prime Video, Hulu, and Disney+.
- Streaming Audio Services: Music platforms like Spotify and Apple Music.
- Online News and Media Platforms: Websites and apps that offer news, magazines, and other digital content.
- Concerned Ministry: Over-the-top (OTT) platforms under the ambit of the Ministry of Information and Broadcasting.
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- Expanded Scope: The Broadcast Services Bill 2024 consolidates the legal framework for the broadcasting sector and extends it to OTT content and digital news and current affairs as well.
- Definition of Digital News broadcaster: The latest draft seeks to define “digital news broadcasters” to include “publisher of news and current affairs content” means any person who broadcasts news and current affairs programmes through an online paper, news portal, website, social media intermediary, or another similar medium as part of a systematic business, professional or commercial activity but excluding replica e-papers.
- This definition could include users on YouTube, Instagram, X etc, who generate advertising revenue through paid subscriptions or monetise their social media accounts through affiliate activities.
- Regulation of News Programmes: The draft Bill also seeks to regulate the broadcast of news and current affairs programmes (excluding print news). Such programmes will have to comply with the prescribed programme code and advertisement code.
- Broad Definitions: The term ‘systematic activity’ has also been defined to mean any structured or organised activity that involves an element of planning, method, continuity or persistence.This is a very vague term which could be made to mean anything and gives the executive a long leash over enforceability.
- Inclusion of Individual Creators: The new draft specifically includes individual creators under the definition of digital news broadcasters, unlike the Information Technology Rules, 2021, which exclude individual users.
Legal Obligations for Independent Creators
- Intimation to the Ministry of Information and Broadcasting (MIB)
- If a creator is categorised as a digital news broadcaster, they must ‘intimate’ the MIB about their work and existence.
- There is no subscriber/viewer threshold specified in the 2024 draft.
- All must comply regardless of audience size.
- Content Evaluation Committees (CECs)
- Creators are required to establish one or more CECs at their own expense.
- CECs must be diverse, including individuals knowledgeable about different social groups, women, child welfare, SC/STs, and minorities.
- The names and credentials of CEC members must be submitted to the government.
- Penalties for Non-Compliance
- Failure to appoint a CEC or to submit required details will incur fines: ₹50 lakh for the first violation and ₹2.5 crore for subsequent violations within three years.
- Exemptions and Administrative Procedures
- The draft Bill allows for potential exemptions for certain players or groups to avoid genuine hardship.
- Creators must submit an application to the government within a month to notify their operational status and CEC appointment.
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- Exemptions from Liability
- Function Limitation: Social media intermediaries like Facebook, YouTube, and X are not liable for third-party content if:
- Their role is limited to providing access to a communication system for third-party information.
- They do not initiate or alter the transmission of information.
- They only modify information in compliance with government orders.
- They exercise due diligence and adhere to prescribed guidelines.
- Criminal Liability Provisions
- Information Compliance: Social media companies may face criminal liability if they fail to provide required information related to OTT broadcasters and digital news broadcasters on their platforms for compliance purposes.
Current Legal Precedents
- Court Orders on IT Rules 2021: The Bombay and Madras High Courts had stayed rule 9(1) and 9 (3) of the IT Rules 2021 that mandate news and current affairs publishers to adhere to Code of Ethics, citing its adverse impact on press freedom.
- Potential Impact on Broadcasting Bill: These court orders may serve as a precedent if digital news broadcasters seek a stay on provisions in the Broadcasting Bill, if it were to be published in its current form.
Example of Other Countries
- Singapore’s Broadcasting Law
- Scope: Includes both traditional broadcasters and OTT content providers.
- Regulation: OTT platforms are regulated under copyright law and must obtain a licence from a regulator.
- Though the obligations for licensees are less stringent compared to traditional television services.
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August 8, 2024
