BROADCASTING SERVICES BILL, 2024 (Syllabus: GS Paper 2 – Governance)

Context: The Ministry of Information and Broadcasting has proposed expanded regulations for independent news creators on platforms like YouTube, Instagram, and X, through the draft Broadcasting Services (Regulation) Bill, 2024.

Broadcasting Services (Regulation) Bill, 2024

• Definition: The 2023 draft defined news and current affairs programmes as either newly-received or noteworthy content about recent socio-political, economic, or cultural events, or any programmes where context implies news.
• New Category: The 2024 draft introduces "digital news broadcaster" or "publisher of news and current affairs content," defined as any entity broadcasting news online through various platforms, excluding replica e-papers.
• Systematic Activity: The draft defines "systematic" activity as structured or organized efforts involving planning and persistence, potentially granting the government broad interpretative powers.
• Individual Creators: Unlike the 2021 IT Rules, which excluded individual users, the 2024 draft includes individual creators in the definition of digital news broadcasters.
• Committee Disclosure: News creators must disclose committee members to the government, with fines of Rs 50 lakh for first contraventions and Rs 2.5 crore for subsequent violations within three years. Exemptions are possible for genuine hardship.
• High Court Orders: Bombay and Madras High Courts stayed certain rules from the IT Rules 2021, which could impact digital news broadcasters if the Broadcasting Bill is enacted as currently written.
• Creator Obligations: Digital news broadcasters must notify the ministry of their existence, form content evaluation committees at their own expense, and strive for committee diversity. The 2024 draft lacks a subscriber/viewer threshold for these obligations.
• Government Rationale: Significant changes in the 2023 draft are attributed to independent creators' influence in the 2024 Lok Sabha polls, aiming to ensure accountability and a level playing field between mainstream media and independent creators.

International Regulations on OTT and Broadcast Content

• Singapore: Both traditional broadcasters and OTT providers are regulated, requiring licenses, although with fewer obligations than traditional TV services.
• United States: The FCC regulates broadcast stations, but OTT platforms are not directly regulated by federal law.