India's New Broadcasting Bill: Regulating Digital News

Overview of the Draft Broadcasting Services (Regulation) Bill, 2024

• Proposed by the Indian Ministry of Information and Broadcasting
• Aims to replace the Television Network Act of 1995
• Expands regulatory scope to include digital news broadcasters, OTT platforms, and independent content creators
• Introduces strict rules for news content shared on digital platforms like YouTube, Instagram, and X
• Raises concerns about potential limitations on freedom of speech and expression

Definition and Scope of Digital News Broadcasters

• Broad definition includes individuals and groups publishing news online as part of a business
• Covers "publishers of news and current affairs content" on various digital platforms
• Includes social media accounts and independent content creators
• Excludes replica e-papers
• Defines "systematic activity" as structured or organized activity involving planning, method, continuity, or persistence

Legal Obligations and Compliance Requirements

• Digital news broadcasters must notify the Ministry about their activities
• Mandatory establishment of Content Evaluation Committees (CECs) to review content
• CECs to be diverse, including individuals with knowledge of different social groups
• Creators responsible for CEC costs
• Failure to comply may result in fines up to Rs 2.5 crore
• Platforms like Facebook and YouTube must follow rules about third-party content
• Potential criminal penalties for not providing required information about content creators

Implications and Concerns

• Aims to create fairness between mainstream and independent news outlets
• Addresses concerns about sensational claims during the 2024 Lok Sabha elections
• Raises questions about freedom of speech and expression
• Government may exempt certain stakeholders from the Bill's provisions
• Concerns about the government's power to regulate content
• Potential "chilling effect" on free speech
• Comparisons with international approaches to media regulation