Social media influencers such as Dhruv Rathee, Abhi and Niyu, who represent diverse political perspectives, can be classified as digital news broadcasters under the unreleased version of the draft Broadcasting Services (Regulation) Bill, 2024, bringing them under government regulation.
Moneycontrol has reviewed a copy of the bill. Provisions such as these have heightened concerns of censorship and infringement on freedom of speech and expression.
The government has held consultations with select groups of stakeholders although it has not released the draft publicly. The approach has drawn criticism from various groups who are urging the government to release it to the public.
The classification of news influencers as digital news broadcasters is one of the many provisions in the unreleased draft, which will have a deep impact on the creator ecosystem that has been pegged to cross the $3.9 billion total revenue mark by 2030.
Let's take a look at some of these provisions in detail.
What are the criteria for being classified as a digital news broadcaster in the draft bill?
The unreleased draft defines 'digital news broadcaster' as any entity that broadcasts news and current affairs programmes through an online paper, news portal, website, social media platform or any other medium. This can be part of any business, professional or commercial activity. The bill mentions but does not specify a minimum threshold of subscribers or viewers for qualifying to be under the ambit of the regulation.
What about creators or influencers who do not deal with news?
The draft bill will also bring a travel influencer or a food influencer whose subscriber or viewer count is “above a certain threshold” under the ambit of regulation through this legislation.
The draft categorises them as over-the-top or “OTT broadcasting service”. This, in the bill, is defined as a broadcasting service where programmes "other than news and current affairs" are made available on demand or live to users through a website or a social media platform or any other online medium.
Will news and non-news influencers have to inform the government about their operations?
Yes. The draft bill says that within a period of one month from the notification of this proposed legislation, OTT broadcasting service operators and digital news broadcasters will have to provide an intimation to the Union government about their operations.
Will creators be required to form a grievance redressal system?
Yes. The draft bill says that every broadcaster will have to "appoint a grievance redressal officer" for receiving and hearing complaints that are in contravention of the information and broadcasting (I&B) ministry's Programme and Advertisement Code.
Will creators have to be part of a self-regulatory body?
Yes. The draft bill says that a self-regulatory body has to be constituted by broadcasters, operators and networks within 90 days of the legislation coming into force. News and other influencers (above a certain threshold) will have to be part of this body.
Will influencers on YouTube or Instagram have to self-certify their content before publishing?
Again, yes. The draft bill says that a creator has to constitute "one or more Content Evaluation Committee" with various members who will certify their content, and only after this self-certification can a creator publish his or her content.
What will the self-regulatory body for creators do?
This body will address grievances that have not been addressed by creators or broadcasting network operators within the prescribed time period. It will also issue guidance or advisories to its members for ensuring compliance to the Programme Code and Advertising Code.
When can creators find themselves before the high-powered Broadcast Advisory Council envisaged in the draft?
The draft bill has proposed the establishment of the Broadcast Advisory Council whose members would include officials from the ministries of I&B, external affairs, social justice and empowerment, and women and child development, among others.
This council will hear complaints regarding contravention of the Act once in force and of the Advertisement and Programme Code when complainants are not satisfied with the decision of a self-regulatory body.
This means that if a person has a grievance about a creator’s content, he or she can first appeal to the creator’s grievance redressal officer. If the user is not satisfied with the redressal officer’s decision, he or she can appeal to the self-regulatory body for creators/influencers. If the user is not satisfied with the self-regulatory body’s decision as well, he or she can approach the Broadcast Advisory Council.
Can the government ask social media platforms to provide information about content creators?
Yes. The draft bill says that if required, a social media platform will have to provide information including that pertaining to OTT broadcasters and digital news broadcasters to the government. The government may also issue directions to social media platforms to ensure compliance of the Act when it comes to OTT broadcasters and digital news broadcasters.
If social media platforms fail to comply with these directions, they will be liable to punishment under any law, including provisions of the new Bharatiya Nyaya Sanhita, 2023.
What are the penalties for creators who have violated regulations?
For any contravention of the law, the government may serve advisories, warnings, censure or impose monetary penalties on anyone.
What are the penalties for influencers found to be non-compliant with the Programme and Advertisement Code?
Any broadcaster—a term that would include any creator—if found to be in contravention of the Programme Code and Advertisement Code, may be required to delete or modify the said programme or advertisement and comply with any advisory or warning. The government may also impose a penalty on such creators.
Can the government provide exemptions to creators?
The government will have the power to relax these provisions for OTT broadcasters and digital news broadcasters to avoid "genuine hardships". This will only be applicable to those "who constitute any distinct class or group".
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