New Delhi: The government is expected to reconsider the controversial provisions of the Broadcasting Services Regulation Act. The Act had raised concerns among online content creators as it sought to merge them with OTT or digital news channels. The Ministry of Information and Broadcasting on Monday said the government would issue a new draft of the Broadcasting Services Regulation Act after extensive consultations.
The bill was released for consultation in November last year and a revised draft was later submitted to select stakeholders for comments. An official mentioned that the government may consider revising certain clauses of the bill due to strong reactions from some media persons.
Government asks for proposals by 15 October
In a statement, the ministry said: “The Ministry of Information and Broadcasting is working on a draft bill to regulate broadcasting services. The draft bill was made publicly available on November 11, 2024, along with the explanatory notes for comments from stakeholders and the public.”
“In response, numerous recommendations/comments/suggestions were received, including from various associations. The Ministry is currently conducting a series of consultations with stakeholders on the draft bill,” the statement said.
The ministry further announced that additional time would be granted until October 15 to collect comments and suggestions. “After extensive consultation, a new draft will be published,” it said.
At a press conference last week, representatives of the DigiPub News India Foundation, which represents over 90 digital news publishers, and the Editors Guild of India criticised the Ministry of Information and Broadcasting for holding closed-door consultations with a limited group of stakeholders. They pointed out that wider discussions with digital media organisations and civil society groups had not taken place so far. They had requested copies of the draft bill from the ministry but received no response.
What is new about this bill?
The new bill aims to include YouTube creators under its purview by creating a new category called “digital news broadcaster” and defining it as any person who systematically broadcasts news and current affairs programs through various online media.
In addition, independent creators are subject to legal obligations. If a creator is classified as a digital news channel, he must inform the Ministry of Information and Broadcasting of his work and existence and appoint one or more content evaluation committees at his own expense.
What penalties does the new bill provide for?
Moreover, creators who fail to inform the government or set up a content assessment committee will face severe penalties. The bill proposes fines of Rs 50 lakh for the first violation and Rs 2.5 crore for subsequent violations within the next three years.
Moreover, some interest groups may be exempted from the ambit of the Act. It is important to note that the Bombay and Madras High Courts had earlier stayed certain rules requiring news and current affairs publishers to adhere to a code of ethics on the grounds that it had a negative impact on press freedom.
These proposed rules have sparked concerns and debate about their potential impact on free speech and expression. The impact of these rules and their potential enforcement remain the subject of debate and scrutiny, particularly within the technology industry and among legal experts, given the broader implications for content creators and press freedom.
Also read: Draft Broadcasting Services Act 2024: What is it and why has it raised concerns about freedom of expression?
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