Government Reverses Course: Controversial Broadcasting Legislation Scrapped
New Delhi – The Ministry of Information and Broadcasting (I&B) has withdrawn the draft Broadcasting Services (Regulation) Bill, 2024, following criticism from stakeholders. The proposed legislation, which had not been made public, aimed to overhaul the regulatory framework for broadcasting services in India.
The I&B Ministry is now expected to consult internally and informally with industry stakeholders before potentially releasing a revised version of the bill. A press release stated, “The Ministry of Information and Broadcasting is working on a Draft Broadcasting Services (Regulation) Bill,” indicating that a fresh draft will be issued soon.
Sources revealed that the draft bill included contentious provisions that would have brought online content creators and social media influencers under regulatory purview. Creators on platforms such as YouTube and Instagram, whose viewership exceeded a certain threshold, would have been required to pre-certify their content through a Content Evaluation Committee. This measure was widely perceived as censorship by media analysts and observers.
The draft bill also proposed criminal liability for social media companies failing to provide information about over-the-top (OTT) broadcasters and digital news broadcasters on their platforms. Additionally, it mandated registration for all broadcasting service providers and required companies to maintain accurate subscriber data records.
The bill also sought to regulate OTT entertainment apps like Netflix and Disney+ Hotstar for the first time. These platforms would have been required to inform the government about their operations and subscriber numbers within a month of the Act’s notification.
The penalty structure for non-compliance was linked to companies’ financial capacity, with maximum fines reaching up to ₹50 crore for violations of registration terms, damage to public broadcasting infrastructure, or content guideline breaches.
Further, the bill proposed the establishment of self-regulatory bodies known as Content Evaluation Committees, which would include members from various social groups and child welfare organisations. These committees were supposed to certify programmes, with broadcasters required to display the issued certificates as content approval.
Additionally, the legislation aimed to introduce a differentiated approach to Programme and Advertisement Codes across various services and required broadcasters to self-classify them. It also mandated robust access control measures for restricted content and comprehensive accessibility guidelines for persons with disabilities.
The original draft was shared with stakeholders in a watermarked format to prevent leaks, with responses initially due by August 28. However, stakeholders have now been instructed to return the draft and withhold their suggestions.
