The draft bill reclassifies YouTubers, Instagrammers, and other digital creators with a user base above a set limit as digital broadcasters.
The Ministry of Information and Broadcasting has prepared the draft Broadcasting Services (Regulation) Bill, 2024 which will replace the Television Network Act of 1995.
According to reports the act will classify influencers or social media pages who make content or write about current affairs or any other news online as ‘digital news broadcaster’.
Social media influencers and other digital creators with a user base above a set limit will be required to notify the Indian government of their presence within one month of the Bill's enactment. They must also register under a three-tier regulatory framework and will also be required to establish a content evaluation committee at their own expense to review all content before publication. The draft bill however has got the creator and influencer community worried about its implications.
Calls for details of the Act to be released
The community is also upset about the limited representation of industry stakeholders during the discussions and reviews of the bill. As per reports, the Ministry of Information and Broadcasting has reportedly held closed-door meetings with a few select stakeholders about the draft bill. They also allege that there has been no representation of digital associations, civil society, and non-industry stakeholders about the draft bill. The copies of the draft bill have been released with a watermark unique to the stakeholder so leaks can be tracked.
Many industry bodies like DigiPub have even asked for participation during the discussion of the bill and the details of the bill to be released.
A group of content creators have also written to the Information and Broadcasting Minister Ashwini Vaishnav to release the details of the draft bill.
"Despite two formal requests asking the Ministry for a copy, we haven’t received any response."
Anant Nath, president, Editors Guild of India
Speaking about the issue, Anant Nath, president, Editors Guild of India, states that the manner in which the consultation is being done is deeply problematic. “It seems like confidential copies of the bill have been shared with a few select stakeholders. They have also shared these copies in a manner in which they cannot be shared further.”
“It is not novel for the conditions inside the Act to be kept so secretive and be given only to a select few players."
Paritosh Joshi, independent media & communications consultant and ex-CEO at India TV
Nath states that despite “two formal requests asking the Ministry for a copy”, they haven’t received any response.
Paritosh Joshi, an independent media & communications consultant and ex-CEO at India TV, says the anxieties of the industry that are being expressed are justified. “It is not novel for the conditions inside the Act to be kept so secretive and be given only to a select few players,” he says.
“Technically, any bill that regulates broadcasting would be examined and scrutinised by a parliamentary committee. This is crucial to ensure there are no gruesome errors and mistakes in the bill. It is the right of every citizen to know the conditions of the bill that the government wants to pass. This kind of attempt to push a bill which likely is to be so controversial does not look good,” he adds.
Concerns of the creator and digital communities
As per media reports, the new draft expands the definition of ‘news and current affairs programmes’ to include texts, alongside the existing categories of audio, visual, or audio-visual content, signs, signals, writing, and images, all of which can be transmitted directly or through a broadcasting network. Furthermore, the definitions of ‘programme’ and ‘broadcasting’ have been revised to encompass ‘texts’ and ‘textual’ programmes.
A few have taken to social media to raise awareness about the possible impact of the draft bill.
If reports are to be believed, the bill now has criminal liability provisions for social media intermediaries which do not provide information ‘pertaining to OTT Broadcasters and Digital News Broadcasters’ and suggests that when information is sought about a YouTube, Instagram, or X/Twitter user, the platform will need to provide this information. According to creators, the bill curbs freedom of speech and poses a threat to their privacy.
As per Nath, digital creators are already under the purview of The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023. The passing of these laws pose an immense threat to the industry.
“For example, if a certain Youtuber does not live in India and posts content from somewhere outside India. Will he be under its purview too? Or will that content be blocked in India? For example, if I repost or reshare someone’s thoughts or opinions, will I also come under the bill’s purview?” he questions.
Another industry expert who did not wish to be named stated that the introduction of 5G was supposed to be a remarkable moment for the creator industry however, this policy may kill that.
"These mandates aim to enhance transparency but could pose substantial financial and operational challenges, particularly for individual and small-scale creators."
Shudeep Majumdar, co-founder & CEO of Zefmo Media
Shudeep Majumdar, co-founder & CEO of Zefmo Media, an influencer marketing agency, says, “ These mandates aim to enhance transparency but could pose substantial financial and operational challenges, particularly for individual and small-scale creators."
“It's vital to ensure that these regulations do not inadvertently suppress the vibrant influencer ecosystem that has flourished in India. We are committed to supporting an environment that fosters authentic and ethical content creation. We advocate for balanced regulatory measures that protect public interests while nurturing the creative freedom essential for the dynamism of India's digital content industry.”
“We call on policymakers to engage constructively with the digital content community to refine this legislation, ensuring it supports the continued growth and vibrancy of the digital media landscape. Zefmo is dedicated to participating in dialogue that promotes a regulatory framework which balances innovation with accountability, reflecting the true needs of India's digital ecosystem,” he adds.
"Striking the right balance between regulation and innovation is essential for a thriving digital media ecosystem."
Prakhar Srivastava, Financial Controller, White Rivers Media
Prakhar Srivastava, Financial Controller, White Rivers Media- a digital media company adds that new regulations requiring content evaluation committees and government notifications may bring changes for smaller creators and media companies, including increased operational costs.
"Larger media houses are better equipped to adapt, creating opportunities for collaboration and support. However, the road ahead requires careful navigation. Striking the right balance between regulation and innovation is essential for a thriving digital media ecosystem," he adds.
The bill is expected to regulate the OTT sector as well. According to an industry expert, there are 50-60 OTT platforms in the country. They already face cost and competitive pressures. The last thing these platforms need at this time is to follow more compliance measures.
"These are not really money making machines right now. They already incur heavy costs and this will be an additional cost burden. They will have to hire new people and put in place new systems to ensure compliance," he says.
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