Amid ongoing concerns, the Ministry of Information and Broadcasting (MIB) is set to release a fresh draft of the Broadcasting Services (Regulation) Bill after holding further consultations.
The development follows mixed feedback received by the Ministry from different quarters regarding the current draft of the Bill. It fueled concerns among various stakeholders about the government potentially seeking more control over online content.
Last month, the Ministry circulated the new draft Bill to a select group of stakeholders, seeking their feedback. A highly placed source told Marketing Mind that the limited group of industry stakeholders who were given the draft copy are now being requested to return the physical document.
The draft was shared for feedback as part of a continuous consultation process that started last year with the initial draft posted by the ministry.
In a statement shared on X yesterday, the Ministry referenced a previous draft Bill released for public consultation in November last year. The Ministry announced that it is conducting a series of consultations with stakeholders and has extended the deadline for submitting comments until October 15, 2024.
The Ministry of Information & Broadcasting is working on a Draft Broadcasting Services (Regulation) Bill.
The draft Bill was placed in public domain on 10.11.2023 along with the explanatory notes for comments of the stakeholders and the general public. https://t.co/3A4brxbfLC…
— Ministry of Information and Broadcasting (@MIB_India) August 12, 2024
However, the statement has caused confusion among various industry stakeholders. Additionally, shortly after the Ministry shared its statement on X, netizens quickly responded with their opinions in the comment section.
An industry stakeholder told Marketing Mind, “It’s still not clear whether the entire document will be rewritten or if only specific sections will be revised from the latest draft, which wasn’t made public but was shared with only some stakeholders.”
1. Which version of the draft are you extending further time for comments? BRS, 2023 or BRS, 2024?
2. Have you published an official notice for it if it is for the BRS, 2023? Can the public send further comments to it?
3. If not, are you extending time for comments to the…
— Apar (@apar1984) August 12, 2024
Do take care that in the new draft, you don’t throttle democracy, right to free and independent opinion, and the freedom of the Fourth Estate in whatever form. In the future of a cyber and knowledge world, any regressive act will only be suicidal, politically. Beware.
— Sridhar R (@Sridhar67) August 13, 2024
An industry insider indicated that stakeholders might consider approaching the government for clarification regarding the Ministry’s intent to release a new draft of the Bill, as there is uncertainty about which version will be open for discussion.
The Bill aims to replace the Cable Television Networks (Regulation) Act of 1995. Last November, the Ministry sought feedback on a draft Bill that not only unified the legal framework for the broadcasting sector but also expanded its scope to include OTT content and digital news and current affairs.
However the new draft Bill faced significant backlash for broadening its scope beyond OTT content and digital news to encompass online video creators. According to various media reports, the Bill proposed 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. As per the second draft Bill, they may also need to register under a three-tier regulatory framework similar to that for OTT services. Additionally, they might 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.
It sparked concerns within the creator and influencer community regarding its potential implications.
The government’s second draft of the Broadcasting Services (Regulation) Bill also faced backlash from media organisations such as the Editors Guild of India and DigiPub. They asserted that digital media organisations and civil society groups were not consulted regarding this decision.
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
