About Draft Broadcast Services Bill, 2024
Draft Broadcast Services Bill, 2024
Context:
The Draft Broadcast Services Bill, 2024, aims to regulate the evolving broadcasting landscape, including Over-the-Top (OTT) platforms and digital news, replacing the outdated Cable Television Networks (Regulation) Act, 1995. However, concerns have been raised about its impact on freedom of speech and media independence.
What are Broadcast Services?
Broadcast Services involve the distribution of audio, video, and multimedia content to a broad audience. Examples include:
- Television Channels (e.g., CNN, BBC, Doordarshan)
- Radio Stations (e.g., AIR, BBC Radio)
- Online Streaming Platforms (e.g., Netflix, YouTube, Amazon Prime)
- Podcasts and Digital News Creators (e.g., Spotify, YouTube news creators)
These services provide news, entertainment, and educational content across various media channels.
Key Features of the Draft Bill:
| Aspect | Details |
|---|---|
| Background | Revision of the 2023 draft bill, consolidating regulations for all broadcasting platforms, including OTT and digital news. |
| Definition of Digital News Broadcasters | Includes anyone publishing news/content via online platforms, excluding replica e-papers. |
| Code of Ethics | Validates the IT Rules 2021 code of ethics, which has been stayed by courts. |
| Content Evaluation Committee (CEC) | Content creators must establish CEC, register with a Self-Regulatory Organisation, and follow Broadcast Advisory Council directives. |
| OTT Platforms | Defined as ‘publishers of online curated content’; not categorized under ‘internet broadcasting services’, but aligned with IT Rules 2021. |
| Regulation of Independent News Creators | Extends to individual news creators on platforms like YouTube, Instagram, and X (Twitter), classifying them as digital news broadcasters. |
| Mandatory Registration | Digital news broadcasters must register with the Ministry of Information and Broadcasting (MIB) and disclose operational details. |
| Social Media Intermediary Liability | Social media platforms must exercise due diligence and may face criminal liability for non-compliance. |
| Exemptions for Certain Entities | Government can exempt certain stakeholders to prevent hardship. |
| Global Applicability | May include foreign creators, though enforcement remains challenging. |
Why is the Bill’s Scope Expanded?
- Concerns over sensationalist content from independent digital creators, especially during the 2024 Lok Sabha elections.
- Algorithmic amplification of specific narratives on social media, necessitating regulation.
- Accountability and a level playing field between traditional broadcasters and new-age digital platforms.
Concerns Regarding the Draft Bill:
- Threat to Freedom of Speech: Broad regulatory scope may lead to government overreach and censorship.
- Vague Definitions: Terms like “systematic activity” and “digital news broadcaster” lack clarity, increasing the risk of arbitrary enforcement.
- Burden on Independent Media: High compliance costs and penalties may stifle small creators and journalists.
- Chilling Effect on Journalism: Government-mandated registration could restrict critical reporting.
- High Financial Penalties: Heavy fines (up to ₹2.5 crore) for non-compliance may impact smaller players.
- Selective Enforcement Risks: Exemptions for some players could lead to unequal application of regulations.
- Impact on Social Media Companies: Social media firms may self-censor to avoid criminal liability.
- Challenges in Regulating Foreign Creators: Implementation on global platforms remains legally complex.
- Lack of Public Consultation: Limited engagement with media stakeholders, journalists, and civil society raises transparency concerns.
Case Study: Singapore’s Broadcasting Law
- Covers both traditional broadcasters and OTT platforms.
- Requires OTT platforms to obtain licenses under copyright law.
- Regulations on OTT are less stringent than for TV channels, ensuring a balanced approach.
Addressing Concerns in the Bill:
1. Clarify Key Definitions
- Define “systematic activity”, “digital news broadcaster”, and “broadcasting services” to prevent broad interpretations.
2. Conduct Stakeholder Consultations
- Include independent media, civil society, and legal experts in the drafting process.
3. Ensure a Balance Between Regulation and Freedom of Speech
- Adopt a transparent, proportional approach to media regulation.
- Avoid political interference in content regulation.
4. Simplify Compliance Requirements
- Reduce bureaucratic hurdles for small creators and independent journalists.
- Provide financial or technical support for setting up Content Evaluation Committees (CECs).
5. Reassess Penalties
- Differentiate penalties based on the severity of violations.
- Focus on guidance and capacity-building, rather than punitive actions.
Conclusion:
The Draft Broadcast Services Bill, 2024 aims to regulate the dynamic broadcasting ecosystem, including digital media and OTT platforms. However, concerns regarding freedom of expression, government overreach, and the impact on independent media need to be addressed. A balanced, consultative approach will be essential to ensure effective regulation while upholding democratic values.