Remember, when the broadcasting bill in India was first introduced for public consultation in November 2023, the bill sought to consolidate all broadcasting regulations under one law. It faced concerns about whether independent online news content creators, not affiliated with traditional media, would be subject to obligations imposed on OTT broadcasting services. The 2024 draft addresses this by defining digital news broadcasters and specifying “professional” and “systematic activity.”
Now, the latest version of the Broadcasting Services (Regulation) Bill, 2024, reviewed by Hindustan Times, aims to replace the Cable Television Networks Act of 1995. This second draft broadens the regulatory scope to include digital news broadcasters, encompassing those who create videos, podcasts, and written content on news and current affairs.
Main Highlights of the 2024 Broadcasting Bill in India
Expanding Definitions
The bill redefines “news and current affairs programmes” to include “texts” alongside “audio, visual, or audio-visual content, signs, signals, writing, and images” transmitted via broadcasting networks. This change means all online news content—videos, commentary, websites, newsletters, and podcasts—falls under the bill’s jurisdiction.
Regulation of Intermediaries
The bill broadens the definition of “intermediary” to include social media platforms, advertisement intermediaries, internet service providers, online search engines, and online marketplaces. These intermediaries must provide relevant information to the central government to ensure compliance. Failure to comply may result in losing safe harbor protections and facing penalties under the Bharatiya Nyaya Sanhita, 2023.
Online Advertising
A significant change introduces regulations for online advertising through “advertising intermediaries,” defined as entities facilitating the buying or selling of advertisement space online without endorsing the advertisements. All online ads must conform to the Advertising Code, though responsibility for compliance remains unclear.
Streaming Services and OTT Broadcasting
The bill revises the definition of OTT broadcasting services, extending regulations to include content creators on social media. For example, a chartered accountant posting videos on YouTube or Instagram could be considered a professional under the bill and subject to its provisions if they have a substantial following.
Anti-Piracy and Innovation
The bill includes anti-piracy measures prohibiting the use of copyrighted content without authorization. It also empowers the government to establish a task force to combat piracy and create “regulatory sandboxes” to test new broadcasting technologies in a controlled environment.
Exemptions and Relaxations
The new bill exempts OTT and digital news broadcasters from criminal penalties for failing to notify the government upon reaching subscriber thresholds. The government can also relax certain requirements to avoid genuine hardship for specific classes or groups of broadcasters.
Public Feedback and Government Approval
Currently, the bill is open for public feedback and must pass through the Union Cabinet before being presented in Parliament. The updated draft incorporates a negative list of content exempt from certification, such as pre-certified public viewing programs, news, educational content, live events, and children’s animations.
In summary, the Broadcasting Services (Regulation) Bill, 2024 aka Broadcasting bill in India, introduces comprehensive changes aimed at modernizing broadcasting regulations to include digital and social media platforms, ensuring a more inclusive and regulated broadcasting environment.
