In a world where Instagram posts, reels, tweets, and YouTube clips have become our go-to sources for news, the digital media landscape might be on the cusp of transformation. The latest draft of the Broadcasting Services (Regulation) Bill could dramatically reshape how digital news and content are created and consumed in India.
According to various media reports, the bill proposes that social media influencers, creators, and podcasters who produce content related to news and current affairs may be classified as ‘digital news broadcasters.’
Moreover, the digital news broadcasters may have to notify the government of their operations within one month of the Act’s publication. This notification should include details about the number of subscribers and viewers. Additionally, as users of social media intermediaries, they are obligated to ensure compliance with all the provisions outlined in the Act.
They may also need to register under a three-tier regulatory framework similar to that for OTT services. Additionally, they will be required to set up a ‘content evaluation committee’ at their own expense to review content before it goes live and failure to meet these requirements could lead to criminal liability.
The draft bill has sparked concerns within the creator and influencer community regarding its potential implications.
Concerns grow over transparency and inclusivity
Recently, many independent digital content creators reached out to Ashwini Vaishnaw, Minister of Information and Broadcasting, to seek greater transparency in the consultation process. In a letter addressed to Vaishnaw, YouTubers and digital content creators expressed their concerns regarding the second draft of the Broadcasting Services Regulation Bill, 2024.
Several content creators are also using social media platforms to voice their concerns about the bill, urging other creators to join them in speaking out.
Hellos, WE NEED YOUR HELP!
If you are a content creator, commentator or journalist on Twitter, Instagram or Youtube, it is very likely that the Broadcasting Bill is going to affect you massively.
We don’t know how yet because @AshwiniVaishnaw‘s ministry has NOT made the current…
— meghnad (Nerds ka Parivaar) (@Memeghnad) July 30, 2024
Hello @AshwiniVaishnaw
Can you clarify if this is true?
And also make the bill public https://t.co/JRFoaFTwc1— Dhruv Rathee (@dhruv_rathee) July 30, 2024
If you’re a comedian, journalist, or creator of any kind – and you’re not talking about the #BroadcastBill today, I hope you’ve started practicing your dance moves – because if this bill passes, hum sab ko Tauba Tauba reels pe naachne padenge#KillTheBill #ContentBachao
— Azeem Banatwalla (@TheBanat) August 1, 2024
View this post on Instagram
Meanwhile, various industry organisations, including DigiPub, have formally requested a copy of the bill from the Information and Broadcasting Ministry. They have also sought a meeting to engage in constructive discussions aimed at nurturing a healthy and robust news ecosystem in India.
DIGIPUB has written to @MIB_India and @AshwiniVaishnaw requesting a conversation about the Broadcast Regulation Bill. We hope to hear from them and have a meaningful engagement. pic.twitter.com/5I9dYJ7Ecv
— DIGIPUB News India Foundation (@DigipubIndia) August 2, 2024
Meanwhile, Sahil Chopra, Founder and CEO of iCubesWire, pointed out that the lack of transparency in the consultation process is concerning. A bill that impacts the creator economy should be developed with open consultation, clear communication, and feedback mechanisms that allow stakeholders to voice their opinions.
“This bill could increase scrutiny and regulation of content, leading to self-censorship among creators. Platforms might impose stricter guidelines to comply with the new rules, potentially affecting how content is distributed and monetised. Navigating these changes could require creators to engage legal or compliance experts, increasing operational costs,” he said.
Similarly, Avi Chanodia, Co-Founder, CREATE, an influencer marketing agency, underscored that for effective policy development, it’s essential that the government ensures a transparent and inclusive consultation process. This means making draft versions publicly accessible and actively engaging a broad range of stakeholders, including content creators and industry experts, to gather diverse input and address concerns.
“The bill is expected to introduce a more structured regulatory framework for content across TV, OTT, and social media platforms. This could standardise practices and enhance accountability, but it’s important that these regulations are crafted to support innovation and creative freedom. Clear communication and ongoing stakeholder engagement will be crucial to balancing regulatory needs with the dynamic nature of content creation and distribution,” he added.
Potential impacts on the creator economy
According to Prakhar Srivastava, Financial Controller, White Rivers Media, the new regulations requiring content evaluation committees and government notifications may bring changes for smaller creators and media companies, including increased operational costs. While these changes mean added responsibilities and costs, especially for smaller players, they also signal a commitment to higher standards.
“Larger media houses are better equipped to adapt, creating opportunities for collaboration and support. However, the road ahead requires careful navigation. Subscription services may need to adjust pricing, while free platforms must innovate to maintain accessibility. Striking the right balance between regulation and innovation is essential for a thriving digital media ecosystem,” he added.
Chopra believes that the draft Broadcasting Services (Regulation) Bill 2024 could have a significant impact on the creator economy. It introduces new regulations that might require content creators to comply with broadcasting standards similar to those of traditional media. This could mean more paperwork and restrictions on creative content, which might hinder spontaneity and innovation.
“However, these regulations could also lead to the professionalisation of the creator economy, giving influencers more credibility and possibly opening doors to traditional media opportunities. It’s a double-edged sword that might bring legitimacy and protection but also poses challenges related to creative freedom and flexibility,” he added.
On the other hand, Chanodia, highlighted that he sees the draft Broadcasting Services (Regulation) Bill, 2024, as a significant step towards modernising the regulatory landscape to address the evolving media environment. The intention to regulate across TV, OTT, and social media platforms reflects a recognition of the diverse ways content is being consumed today.
“According to recent CSDS-Lokniti surveys, digital media is gaining significant traction, with 29% of respondents consuming political content daily on digital platforms, surpassing traditional media like newspapers and radio. This shift highlights the growing importance of digital media and underscores the need for updated regulations,” he said.
“This regulatory approach offers a valuable opportunity for content creators to engage in shaping a framework that balances innovation with accountability. It’s essential that these regulations protect creative freedom while promoting responsible content creation. For the bill to be effective, collaboration among all stakeholders will be key, ensuring that it supports a thriving and dynamic creator economy while addressing the modern media landscape’s challenges,” he added.
While highlighting potential benefits, Chopra said that the first and foremost benefit is credibility. Being classified as a ‘digital news broadcaster’ could increase credibility and attract more partnerships with brands seeking credible platforms. Then comes professional opportunities. This classification might lead to collaborations with traditional media houses, opening more significant opportunities for growth.
Lastly, another benefit is consumer trust as audiences may trust influencers more if they are held to standards similar to those of traditional news outlets.
While talking about the drawbacks, he said that regulatory burdens might become potential hurdle for influencers as they may need to adhere to stringent regulations, which could be costly and stifle creativity.
Then comes the loss of creative freedom. Compliance with regulations might deter creators from discussing complex or controversial topics. Also, there could be pressure to deliver accurate and well-researched content, requiring additional resources.
Meanwhile, Chanodia spoke about the positive side, saying that this designation could enhance the credibility of such content, as it aligns with formal news standards and fosters greater audience trust. It may also bring about improved accountability and access to structured support frameworks.
“However, the increased compliance burden could be challenging, especially for smaller creators who might struggle with the costs and administrative demands. Additionally, stricter regulations might limit creative freedom and impact how audiences perceive the content. Balancing these aspects will be crucial to ensure that the benefits of this classification outweigh its challenges,” he added.
Chanodia underscored that the draft bill could benefit from more clarity in defining ‘digital news broadcasters’ and outlining compliance requirements. Clearer guidelines from the government would help ensure that the regulations support a balanced and effective approach, benefiting both content creators and the broader media landscape.
