Draft Broadcast Services Bill 2024
Kartavya Desk Staff
Syllabus: Government Policies and Interventions
Source: IE
Context: The recently introduced draft Broadcast Services Bill 2024 has raised concerns about freedom of speech. The draft is the revision of the previously proposed Broadcasting Services (Regulation) Bill, 2023, to replace the Cable Television Networks (Regulation) Act of 1995.
What are Broadcast Services?
Broadcast Services involve distributing audio, video, or multimedia content to a wide audience.
Examples:
• TV Channels (e.g., CNN, BBC)
• Radio Stations (e.g., NPR, BBC Radio)
• Online Streaming (e.g., Netflix, YouTube)
• Podcasts (e.g., “The Joe Rogan Experience”)
These services offer news, entertainment, and educational content through various media channels.
Key Features of the Draft Bill:
Aspect | Details
Background | Revision of the 2023 draft bill to consolidate broadcasting regulations, extending to OTT and digital news.
Key Features | Definition of Digital News Broadcasters: Includes anyone publishing news/content via online platforms, excluding replica e-papers.
Code of Ethics | Validates the IT Rules 2021 code of ethics, which is currently stayed by courts.
Content Evaluation Committee (CEC) | Creators must form CECs, register with a Self-Regulatory Organisation, and follow orders from the Broadcast Advisory Council.
Creators must ensure diversity, and provide member details to the government.
Non-compliance fines: Rs 50 lakh (first), Rs 2.5 crore (subsequent).
OTT Platforms | Referred to as ‘publishers of online curated content’; not included under ‘internet broadcasting services’ but aligned with IT Rules 2021.
Regulation of Social Media Creators | Extends to independent news creators on platforms like YouTube, Instagram, and X, classifying them as digital news broadcasters.
Mandatory Registration | Digital news broadcasters must register with the Ministry of Information and Broadcasting (MIB) and disclose details about their operations and CECs.
Intimation to Government | Creators must inform MIB about their operations and CECs within a month.
Social Media Intermediary Liability | Social media companies must exercise due diligence and can face criminal liability for failing to provide necessary information about digital news broadcasters.
Exemptions for Certain Players | Allows the government to exempt certain stakeholders to avoid genuine hardship.
Global Applicability | May include foreign creators, though enforcing these regulations on them could be challenging.
Why is the Scope of the Draft Broadcasting Services (Regulation) Bill 2024 Expanded?
The bill’s scope is expanded to address sensational content by independent creators during the 2024 Lok Sabha polls and concerns about tech algorithms amplifying certain narratives, aiming to ensure accountability and a level playing field.
Concerns Regarding the Draft Broadcasting Services (Regulation) Bill 2024:
• Threat to Freedom of Speech: Broad definitions and regulatory scope may lead to government overreach and censorship.
• Vague Definitions: Terms like “systematic activity” and “digital news broadcaster” are poorly defined, risking arbitrary enforcement.
• Onerous Compliance Requirements: Independent creators face financial and administrative challenges in complying with the bill’s mandates.
• Chilling Effect on Independent Media: Registration and adherence to government standards could stifle critical journalism.
• High Penalties: Steep fines for non-compliance could disproportionately affect smaller creators.
• Selective Enforcement Potential: Exemptions for certain players may result in uneven application of the law.
• Impact on Social Media Platforms: Social media companies may face criminal liability, leading to increased content regulation.
• Global Reach: Regulating foreign creators could be difficult and strain international relations.
• Lack of Public Consultation: Limited stakeholder involvement raises concerns about transparency in the drafting process.
Case Study: Singapore’s Broadcasting Law:
• Scope: Covers both traditional broadcasters and OTT content providers.
• Regulation: OTT platforms need a license under copyright law, with less stringent obligations compared to traditional TV services.
Addressing Concerns in the Draft Broadcast Services Bill 2024:
• Refine Definitions: Clarify terms like “systematic activity” and “digital news broadcaster” to prevent broad interpretations.
• Stakeholder Consultation: Expand consultations to include independent creators, civil society, and legal experts for diverse input.
• Balance Regulation and Freedom: Safeguard freedom of speech while ensuring regulations are proportionate and transparent.
• Simplify Compliance: Reduce compliance burdens for creators, possibly offering support for setting up content evaluation committees.
• Review Penalties: Reassess penalties to ensure fairness, focusing on support and education rather than punishment.
Mains Link:
Data security has assumed significant importance in the digitized world due to rising cyber crimes. The Justice B.N. Srikrishna Committee Report addresses issues related to data security. What, in your view, are the strengths and weaknesses of the Report relating to the protection of personal data in cyberspace? (UPSC 2018)
Prelims Link:
In India, it is legally mandatory for which of the following to report on cyber security incidents? (UPSC 2017)
• Service providers
• Data centres
• Body corporate
Select the correct answer using the code given below:
(a) 1 only (b) 1 and 2 only (c) 3 only (d) 1, 2 and 3
Ans: D