1 Aug. 2024: The Union Ministry of Information and Broadcasting is set to extend its regulatory reach to online streaming services, social media accounts, and online video creators globally under the latest draft of the Broadcast Bill, reported the MediaNama. This expansion of scope could have profound implications for press and creative freedom in India.
According to the draft Bill, YouTubers, Instagrammers, and possibly TikTok creators with substantial followings will be required to register with the government within a month of the Bill’s passage. These creators will need to comply with a three-tier regulatory structure previously applied to streaming services like Amazon Prime Video, Netflix, and Disney+ Hotstar. This includes setting up a content evaluation committee to review content before publication.
Social media companies that fail to provide user information to the government will face criminal liability. Accounts sharing news must notify the government within a month of the Bill’s enactment and adhere to the regulatory framework, irrespective of their follower count or platform.
The Bill also seeks to regulate online content creators as Digital News Broadcasters if they broadcast news and current affairs. There is no minimum threshold for this designation, meaning that even small-scale creators could be subject to these regulations. Additionally, the Bill classifies online content creators who curate programs as OTT broadcasters, requiring them to notify the government and establish a content evaluation committee.
The proposed legislation has global applicability, extending its reach beyond Indian citizens to all internet users worldwide. Social media intermediaries face new due diligence requirements, and advertising networks will be regulated as “advertising intermediaries.”
The draft Bill also incorporates provisions for combating piracy and validates the Information Technology Rules retroactively, reinforcing their legal backing amidst ongoing challenges.
Despite its far-reaching implications, the revised draft has been shared only with select broadcasters, associations, streaming services, and major tech firms. The MediaNama report claims that the Ministry of Information and Broadcasting has not yet responded to inquiries regarding the Bill’s provisions.
