The landscape of media regulation in India is on the brink of a significant transformation with the introduction of the Broadcasting Services (Regulation) Bill, 2024. This legislative proposal, currently in its second draft, aims to redefine the contours of broadcasting in the digital age, impacting a wide array of content creators, intermediaries, and advertisers.
One of the most striking aspects of the bill is its potential classification of individuals who routinely post videos, make podcasts, or write about news and current affairs online as "digital news broadcasters." This classification, if enacted, would bring a substantial number of independent creators under the regulatory purview traditionally reserved for more established media houses. The bill's definition of “news and current affairs programmes” now encompasses “texts” in addition to the already included “audio, visual or audio-visual content, sign, signals, writing, images” transmitted directly or via a broadcasting network. This expansion underscores the bill's intent to adapt to the evolving ways in which information is consumed and disseminated.
A particularly noteworthy change in the draft is the broadened definition of "intermediary." This category now includes not only internet service providers but also social media platforms, online search engines, and marketplaces. These intermediaries will be mandated to provide data to the Central government regarding OTT (over-the-top) broadcasters and digital news broadcasters. This move signals a tightening of oversight on digital platforms and their role in content distribution.
The bill also introduces provisions aimed at regulating online advertising by creating a new category of ‘advertising intermediaries.’ While this marks a step towards greater accountability in the digital advertising ecosystem, it remains unclear if sponsored posts by influencers, which are classified as ads under the Consumer Protection Act, 2019, fall within the ambit of this bill. This ambiguity highlights the need for clearer guidelines to ensure comprehensive and coherent regulation.
The Broadcasting Services (Regulation) Bill, 2024, is poised to replace the Cable Television Networks Act of 1995. However, its journey has not been without controversy. Critics argue that the bill could grant excessive control to the government over both traditional and digital media. The Network of Women in Media, India (NWMI), for instance, has expressed concerns about potential over-regulation and the threat to media independence. In their submission to the Information & Broadcasting Ministry, the NWMI cautioned against provisions that could lead to undue governmental interference in media operations.
As the bill moves through the legislative process, it is imperative for stakeholders to engage in informed and constructive dialogue. The goal should be to strike a balance between regulation and freedom, ensuring that the media can continue to serve its vital role in democracy while adapting to the digital era's challenges and opportunities.
In conclusion, the Broadcasting Services (Regulation) Bill, 2024, represents a significant shift in India's media regulatory framework. By extending its reach to digital content creators and intermediaries, the bill acknowledges the changing dynamics of information dissemination. However, it also raises important questions about media freedom and government oversight. As the debate unfolds, it will be crucial to navigate these complex issues thoughtfully to foster a media environment that is both free and fair.
