Everything you need to know about India’s updated Broadcast Bill for online platforms and advertising networks

India’s new Broadcast Bill may transform how online content is regulated, affecting streaming platforms, social media, and creative expression. Here is what you need to know!

The Indian Ministry of Information and Broadcasting (MIB) is working on a new Broadcast Bill that aims to regulate online streaming services, social media accounts, and video creators. This proposed bill could significantly impact press and creative freedom in the country. 

Regulating social media and video creators:

Under the new bill, social media influencers, YouTubers, Instagrammers, and potentially even TikTok creators, despite the platform's ban in India, will need to notify the government of their existence within a month of the bill's enactment. These creators will have to register with a three-tier regulatory structure previously applicable to streaming platforms like Amazon Prime Video, Netflix, and Disney+ Hotstar. Additionally, they must establish a content evaluation committee at their own expense to review all content before publication. This regulation extends to anyone sharing news or current affairs and monetizing their content, regardless of their follower count. These creators will be classified as Digital News Broadcasters and will be required to comply with a Programme Code and an Advertising Code.

Also Read: Why are creators removing flagged followers from their accounts?

Global applicability of the Bill:

A significant aspect of the new Bill is its potential global applicability. Unlike the previous version, which defined a "person" subject to regulation as an individual who is a citizen of India or associated entities, the current version excludes "an individual who is a citizen of India" from this definition. This change suggests that the Bill aims to extend its regulatory reach to all Internet users worldwide. In the previous draft, the definition of "person" was limited to Indian citizens, associations or bodies of individuals with Indian members, companies, and limited liability partnerships defined under Indian law. This broader definition could imply that any content creator or entity, regardless of nationality, could fall under the Bill's jurisdiction if they engage with Indian audiences or platforms.

Regulation of digital news broadcasters:

The bill defines Digital News Broadcasters as anyone who shares news and current affairs content and monetizes it through ads, subscriptions, or other means. Notably, there is no minimum threshold for follower count or revenue, meaning even smaller creators could be affected. These broadcasters will need to conform to a three-tier regulatory mechanism that includes self-regulation, association with a self-regulatory organization, and oversight by a government-constituted Broadcast Advisory Council. This structure will oversee the compliance of these creators with specific codes of conduct and address grievances through a formal complaint process. 

The bill also encompasses creators who provide curated content that does not necessarily cover news. For instance, a doctor sharing health tips on social media would be considered an OTT broadcaster. These creators must notify the government within a month of the bill's notification and create a content evaluation committee representing different social groups. While these creators are exempt from the Programme Code, they are still subject to the Advertising Code, which governs the ethical and legal standards of advertisements.

Impact on advertising networks: 

In a new development, the bill also extends its reach to advertising networks. This includes major names like Google Adsense and Meta's Audience Network. The MIB's regulation of advertising intermediaries marks a recent shift in overseeing online advertising activities. The bill defines these intermediaries as entities facilitating the buying and selling of advertising space on the internet, without endorsing the advertisements themselves.

An overview: 

The proposed Broadcast Bill aims to broaden government oversight over online content creators and platforms. It introduces stringent requirements, such as mandatory registration with the government, the establishment of content evaluation committees, and adherence to specific codes of conduct. This regulatory expansion could have far-reaching consequences for both small and large content creators, as well as advertising networks.

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