The Ministry of Information & Broadcasting (MIB) has decided to withdraw the second draft of the Broadcasting Services (Regulation) Bill following significant criticism and protests from digital content creators, along with mixed feedback from other stakeholders.
In response to these concerns, the MIB has extended the public consultation period. A revised draft of the bill will be published after further consultations to address the issues raised. This extension is intended to ensure that the final draft more effectively balances the diverse perspectives and needs of all affected parties.
Initially released on November 10, 2023, the draft aimed to overhaul the current broadcasting regulations to better address the modern media landscape.
As earlier reported by exchange4media, the ministry said that in response to substantial feedback from various stakeholders, including media associations and industry experts, the MIB has extended the deadline for receiving comments and suggestions until October 15, 2024. This extension is intended to allow more time for comprehensive inputs and to address concerns raised by the public and stakeholders.
“The ministry is holding a series of consultations with the stakeholders on the draft bill. Further additional time is being provided to solicit comments/ suggestions till 15th October, 2024. A fresh draft will be published after detailed consultations,” MIB posted on its X account.
Major changes in first & second drafts
In the second draft of the Broadcasting Services (Regulation) Bill released last month, the ministry made several revisions based on industry feedback. Among some key developments in this draft were the exemption of news and current affairs programmes from mandatory certification by Content Evaluation Committees (CECs).
Previously, all programmes required CEC approval, which granted the government extensive control over content. The new draft provided relief by excluding news, current affairs, educational programmes, live events, children's animations, and other specified categories from this requirement, addressing concerns about a potential suppression of free speech.
In addition, the revised draft clarified the distinction between Online Curated Content Providers (OCCPs), commonly known as OTT platforms, and Broadcast Network Operators. OCCPs were categorized as 'internet broadcasting networks,' in line with requests from industry stakeholders.
The updated draft also introduced new terms, which were absent in the initial draft, such as 'advertisement intermediary,' 'Digital News Broadcaster,' and 'Ground-based broadcaster'. These additions indicated a shift in the bill's scope and regulatory approach.
Notably, the draft expanded the regulatory net to include individual users engaged in systematic dissemination of news and current affairs. Specifically, a ‘Digital News Broadcaster’ was defined as anyone who broadcasts news and current affairs through online platforms, such as news portals or social media, as part of a systematic business or commercial activity, excluding replica e-papers.
The term ‘Ground-based broadcaster’ refers to those providing channels on cable and IPTV networks, excluding satellite channels and those operated by Prasar Bharati or Parliament of India. The definition of ‘News and current affairs programmes’ has also been broadened to encompass textual content, while the term ‘broadcasting network’ has been removed. The revised definition now describes these programmes as 'newly-received or noteworthy textual, audio, visual, or audio-visual programmes or live programmes, including analysis, about recent events primarily of socio-political, economic, or cultural nature'.
Additionally, the draft introduces the term ‘social media intermediaries,’ defining them as entities that facilitate online interactions between users, including those that enable the creation, upload, sharing, or modification of content.
Despite these revisions, the draft retains some contentious provisions, including criminal penalties for individuals and companies, mandatory disclosure of CEC member details to the Ministry, and the potential for a uniform regulatory framework for both television and online content. These aspects continue to raise concerns among industry stakeholders.
Meanwhile, the second draft of the Broadcast (Regulation) Bill 2023 updated the penalty structure significantly. For general contraventions (excluding Programme and Advertisement Codes), the fine is Rs 10 lakhs for the first violation and Rs 50 lakhs for subsequent violations within three years. For failing to maintain accurate subscriber records, the penalty is Rs 50 lakh for the first breach and Rs 2.5 crore for repeated breaches within three years. These adjustments indicate a stricter enforcement approach.
Secrecy around second draft raised concerns
Both digital publishers and independent digital content creators wrote to Minister of Information and Broadcasting Ashwini Vaishnaw about concerns over the broadcast bill since the second draft of the bill remains undisclosed to the public.
YouTubers like Meghnad S, Dhruv Rathee, Abhisar Sharma, Vimoh and others have been voicing their concerns over the second draft of the broadcast bill. The content creators drafted a copy of a letter addressed to the minister.
A group of digital content creators and a digital rights organization expressed serious concerns about the lack of transparency in the consultation process for the Broadcasting Services Regulation Bill, 2024.
It is important to note that the second draft of the Broadcasting Services (Regulation) Bill, 2024 was distributed to select stakeholders. These stakeholders were required to collect their copies from Shastri Bhawan with the agreement that it would not be shared with others. Among those excluded were key public stakeholders, including digital media content creators and the general public, who are directly impacted by the bill and should have been part of the consultation process.
As earlier reported by exchange4media, the DIGIPUB News India Foundation, which represents over 90 digital news media entities, commentators, and journalists across India, sent a letter on July 29 to Ashwini Vaishnaw. The letter requested a formal meeting to address the foundation’s concerns and suggestions regarding the digital news ecosystem.
With the ministry's decision to withdraw the second draft and the decision to issue a fresh draft following detailed consultations, only time will tell whether these changes will prove beneficial for the industry.
