NEW DRAFT OF BROADCASTING BILL TO ADDRESS CONCERNS

Why in the news?

The Ministry of Information and Broadcasting will release a revised draft of the Broadcasting Services Bill after stakeholder feedback highlighted issues, especially regarding the classification of online content creators.

NEW DRAFT OF BROADCASTING BILL TO ADDRESS CONCERNS - UPSCsource:scribd

About Broadcasting Services Bill Draft Update:

  • Fresh Draft Announcement:
    • The Ministry of Information and Broadcasting (MIB) will release a new draft of the Broadcasting Services (Regulation) Bill, 2024.
    • This decision follows stakeholder feedback and concerns about the previous draft circulated on July 24 and 25.
    • Stakeholders, including streaming platforms and social media companies, have been asked to return watermarked copies of the outdated draft.
  • Consultation Process:
    • The draft was first made public on November 10, 2023, with a call for stakeholder comments.
    • The MIB is extending the consultation period until October 15, 2024, to address the issues raised.
    • Concerns include the potential classification of online content creators as broadcasters, which has sparked significant debate.
  • Controversial Provisions:
    • The latest draft faced criticism for potentially labelling all online content creators as broadcasters.
    • The government has held multiple consultations with various industry players, including major tech companies and streaming services.
    • It remains unclear if the entire draft will be redrafted or only specific sections will be revised.
About the Draft Broadcasting Services (Regulation) Bill 2024:

  • Revision of the 2023 draft by the Ministry of Information and Broadcasting.
  • Aims: to consolidate legal frameworks for broadcasting, including OTT content and digital news.

Key Features:

Definition of Digital News Broadcasters:

  • Includes publishers of news and current affairs through online platforms, news portals, websites, and social media intermediaries.
  • Excludes replica e-papers.

Code of Ethics:

Validates the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which are currently stayed by Bombay and Madras HCs.

Content Evaluation Committee (CEC):

  • Introduces a three-tier regulation structure for content creators.
  • Creators must set up CECs, register with a Self-Regulatory Organisation, and follow orders from a government-appointed Broadcast Advisory Council.
  • Non-compliance fines: ₹50 lakh for first offence, ₹2.5 crore for subsequent violations within three years.

Concerns:

Freedom of Speech:

  • Potential chilling effect on freedom of speech and expression.
  • Sweeping definitions and content regulation may infringe on editorial independence.

Exemptions:

  • Possible exemptions for certain stakeholders, raising concerns about fairness and consistency in regulation.