India's New Broadcasting Bill: Regulating Digital News

The Draft Broadcasting Services (Regulation) Bill, 2024, proposed by the Indian Ministry of Information and Broadcasting, expands regulatory scope to include digital news broadcasters, OTT platforms, and independent content creators.

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

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