Draft Broadcasting Bill 2024 extends oversight to YouTube, Instagram and more: All about it

The latest draft of the Broadcasting Services (Regulation) Bill, 2024 introduces significant changes to the regulation of broadcasting in India, expanding its scope to include OTT content, digital news, social media accounts, and online video creators.

The Bill seeks to replace the 1995 Cable Television Networks (Regulation) Act and now requires prior registration with the government for various digital news broadcasters, sets standards for content evaluation, and aims to validate the “Code of Ethics” prescribed under the Information Technology Rules, 2021.

Here are the key provisions of the draft Bill:

Definition Expansion
The Bill defines “digital news broadcasters” to include anyone who broadcasts news and current affairs content through online papers, news portals, websites, social media intermediaries, or similar mediums, excluding replica e-papers.

This definition now potentially includes users on platforms like YouTube, Instagram, and X who monetise their content.

Within one month of the enactment of the Bill, social media influencers like YouTubers, Instagrammers and other digital creators having a user base above a set limit will be required to notify the government of their presence.

They will also be required to register under a three-tier regulatory framework and establish a content evaluation committee to review all the contents before their publications.

Registration Requirement
Television broadcasting networks are required to register with the Central government, while OTT platforms must notify the government after reaching a certain subscriber threshold.

Validation of Code of Ethics
The draft seeks to validate the “Code of Ethics” under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which are currently stayed by the Bombay High Court and the Madras High Court.

Content Compliance
The Bill mandates that news and current affairs broadcasts, excluding print news, comply with prescribed programme and advertisement codes.

Undefined Thresholds:
The thresholds for online content creators to notify the government and establish a Content Evaluation Council (CEC) are currently undefined.

Major Indian YouTube creators and potentially foreign creators might fall under the Bill’s scope, although enforcing regulations on foreign creators could be challenging. Swarajyamag