Breaking Down The New Broadcast Services Bill The Ministry of Information and Broadcasting has proposed imposing onerous regulations on independent creators of news events on platforms like YouTube, Instagram, and X.

The Ministry of Information and Broadcasting has proposed imposing onerous regulations on independent creators of news events on platforms like YouTube, Instagram, and X. This has raised concerns about freedom of speech and expression and the government's ability to regulate it. The draft law was shared with a small number of industry stakeholders in a watermarked format to prevent copying to a wider audience.

Compared to a version of the draft law that was made public in November 2023, the ministry is believed to have broadened its purview beyond OTT content and digital news to include social media accounts and online video creators in the draft Broadcasting Services (Regulation) Bill, 2024 that was shared with stakeholders a few weeks ago. The updated version also includes a broad definition of "digital news broadcaster" and mandates government registration before establishing criteria for content assessment.

"(i) newly-received or noteworthy audio, visual, or audio-visual programs or live programs, including analysis, about recent events primarily of socio-political, economic, or cultural nature, or (ii) any programs transmitted or retransmitted on broadcasting network, where the context, purpose, import, and meaning of such programs implies so," is how the Bill defined news and current affairs programs in the 2023 draft. As part of a systematic business, professional, or commercial activity, a new category titled "digital news broadcaster" or "publisher of news and current affairs content" has been created in the 2024 draft. This new category is defined as "any person who broadcasts news and current affairs programme through an online paper, news portal, website, social media intermediary, or other similar medium, but excluding replica e-papers."

The definition of "systematic activity" has also been expanded to include any organized or structured activity including planning, technique, continuity, or persistence. These are all quite general definitions that could be interpreted in a variety of ways, giving the executive branch considerable discretion over enforcement. Within the tech sector, there is a general consensus that the MIB is keen to regulate anyone who disseminate news and current affairs content as part of a formal corporate, professional, or commercial activity. It is important to note that, in contrast to the Information Technology Rules, 2021, which expressly excludes individual users from the category of digital news broadcasters, the Bill specifically includes individual creators. At the moment, digital news publishers and over-the-top (OTT) services like Netflix, Amazon Prime Video, and others are governed under Part III of the 2021 IT Rules.

A creator is required to "inform" the MIB about their work and existence if they are classified as a digital news broadcaster. Additionally, at their own expense, they will have to establish one or more content evaluation committees and "strive to make" the committee diverse by including members with experience working with women, minorities, scheduled castes and tribes, women in the workforce, and child welfare. It will also be necessary to give the government access to the names of those in their CEC.

Under the current draft, news creators who fail to disclose the names, qualifications, and other details of their CEC members to the Central Government face a heavy fine of Rs 50 lakh for the first infraction and Rs 2.5 crore for subsequent violations over the next three years. The government may "exempt a distinct class of players or a group for avoiding genuine hardship," according to the draft Bill, which implies that some stakeholders may be spared from the Bill's provisions.