Government withdraws draft of Broadcast Bill, seeks suggestions on new version until October 15

The Union government has withdrawn the draft Broadcasting Services (Regulation) Bill, 2024, amid widespread criticism and concerns over potential government overreach into online content regulation. The Ministry of Information and Broadcasting (MIB) has now announced that it will undertake further deliberations before releasing a new draft, which is expected to be more inclusive and consider the feedback from a broader range of stakeholders. Suggestions and feedback are invited until October 15, 2024.

The draft Broadcasting Services (Regulation) Bill, 2024, was initially circulated among a few select stakeholders in November 2023. The proposed legislation aimed to replace the existing Cable Television Networks (Regulation) Act, 1995, with a comprehensive framework that would include both traditional and digital broadcasting services under a single regulatory regime.

One of the aspects of the draft bill was its proposal to categorise online content creators, including YouTubers, podcasters, and social media influencers, as “digital news broadcasters.” This classification would have brought them under the purview of the Ministry’s Content and Advertisement Code, effectively subjecting them to similar regulations as mainstream news broadcasters and Over-The-Top (OTT) platforms like Netflix and Amazon Prime Video.

The draft bill faced significant backlash from various media bodies, including DigiPub News India Foundation and the Editors Guild of India, who criticised the Government for not consulting digital media organisations and civil society associations before drafting the bill. The News Broadcasters and Digital Association also exerted pressure, leading to the draft’s withdrawal.

Critics argued that the proposed regulations would stifle free speech and creativity by imposing stringent content evaluation standards on individual content creators. For example, the bill would have required YouTubers and Instagram influencers with a certain number of subscribers to appoint a grievance redressal officer and establish a content evaluation committee. Additionally, the bill’s vague definitions raised concerns that even professionals like chartered accountants who share educational content online could be classified as broadcasters and subjected to these regulations.

In response to the mounting criticism, the Ministry of Information and Broadcasting announced on August 12, that the draft bill had been withdrawn for further consultation. The Ministry stated that it had received numerous recommendations, comments, and suggestions from various organisations, which prompted the decision to reconsider the bill’s provisions.

“The Ministry is holding a series of consultations with stakeholders on the draft bill. Additional time is being provided to solicit comments and suggestions until October 15, 2024,” the Ministry said in a statement posted on X. “A fresh draft will be published after detailed consultations,” the statement added.