Broadcasting Services Regulation Bill 2024

India’s Ministry of Information and Broadcasting has proposed a new law called the Broadcasting Services (Regulation) Bill, 2024. The bill aims to impose strict rules on independent news creators who share content on digital platforms such as YouTube, Instagram, and X. People are concerned that these rules could limit freedom of expression.

Broadening regulatory scope

The bill expands its focus to cover not only over-the-top (OTT) content and digital news, but also social media accounts and independent content creators. It changes the definition of “digital news broadcaster” to include a broader range of online activities, this time explicitly including individual creators.

Definition of ‘digital news broadcaster’

The term “digital news broadcaster” now applies to any person or group that publishes news online as part of a business. This broad definition allows for wide interpretation, giving the government significant control.

Legal responsibilities of creators

Creators classified as digital news broadcasters:

• Must report to the Ministry about their activities.
• Set up Content Review Committees (CECs) to review their content and pay these costs.

If they fail to comply, they can be fined up to Rs 2.5 million. The move is aimed at holding independent creators accountable, especially after its impact ahead of the 2024 Lok Sabha elections, where sensational claims about officials were spread. It aims to create impartiality between traditional and independent media outlets. Platforms like Facebook and YouTube must follow rules regarding third-party content. If they meet certain criteria, they will not be held liable. There are also potential criminal penalties for failing to provide required information about content creators.

International comparison

Each country handles media regulation in different ways. For example:

• Singapore requires OTT platforms to be licensed.
• Regulations are more flexible in the United States and focus more on traditional broadcasting without directly regulating OTT services.

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