“Broadcasting Bill Update: Are Influencers the New Age Broadcasters?”
The new draft of the Broadcasting Services (Regulation) Bill, 2024, shared by the government for stakeholder review, proposes significant changes to the landscape of digital media. This updated version aims to replace the Cable Television Networks Act of 1995 and introduces a new category called “digital news broadcasters,” encompassing individuals who regularly upload videos, create podcasts, or write about current affairs online.
The bill broadens the definitions of “broadcasting” and “news and current affairs programmes” to include texts alongside audio and visual content, effectively covering all news-related content on social media, websites, newsletters, and podcasts. Aimed at unifying regulation under one law, the bill targets online content creators not affiliated with traditional media, addressing concerns that arose from the initial 2023 draft about imposing obligations on these creators akin to those on streaming platforms, termed ‘OTT broadcasting services.’
Additionally, the draft outlines new responsibilities for intermediaries, including social media platforms and online advertisement intermediaries, emphasizing compliance with the act and introducing potential penalties, such as the loss of safe harbor protections, for non-compliance. Notably, the bill revises the definition of OTT broadcasting services, potentially classifying content creators with substantial followings as such, thereby subjecting them to the bill’s provisions.
Moreover, the bill seeks to regulate online advertising by introducing the category of ‘advertising intermediaries’ and mandates compliance with the Advertising Code for all online ads, although the responsible party for compliance remains unspecified. There are also broader obligations for broadcasters and network operators, encompassing adherence to foreign direct investment policies and emergency protocols. However, the bill provides some leniency by exempting certain broadcasters from criminal penalties if they do not meet subscriber thresholds and includes a negative list of content exempt from certification.
The bill also integrates self-regulatory organizations under the Broadcasting Act, limits equipment seizure powers, and includes anti-piracy measures empowering the government to combat copyright infringement. Additionally, it introduces a regulatory sandbox to foster innovation in broadcasting technologies, allowing for limited testing of new products and services under relaxed regulations.
Author:- Apoorva Arora