Govt withdraws draft of Broadcasting Services Bill 2024

The Union ministry of information and broadcasting (MIB) has withdrawn the draft Broadcasting Services (Regulation) Bill 2024 and is asking stakeholders to return the physical copies they received. Sources indicate that feedback on the draft is no longer required.

The ministry began consultations on the bill in November 2023 with the release of an initial draft. The most recent version of the draft Bill had extended its scope to include social media accounts and online video creators, in addition to OTT content and digital news. This version also defined “digital news broadcasters” broadly and required them to register with the government, raising concerns about potential restrictions on free speech.

An anonymous official mentioned that it is uncertain whether the bill will be entirely redrafted or if only specific sections will be revised. The latest draft, which was watermarked and not publicly released, faced criticism for its provisions and the consultation process.

The latest version of the Broadcasting Services (Regulation) Bill could categorise all online content creators — ranging from independent journalists on YouTube and Instagram to LinkedIn “thought leaders” and newsletter writers — as either OTT broadcasters or digital news broadcasters, depending on their activities.

Notably, some provisions could classify many online influencers as broadcasters if they address current affairs.

The draft’s lack of public release was met with criticism from various groups advocating for open public comment. The Bill had stipulated that OTT broadcasting service operators and digital news broadcasters must notify the Union government about their operations within a month of the proposed legislation’s notification.

In November 2023, the MIB had invited comments on the Broadcasting Services (Regulation) Bill 2023, which was intended to provide for a consolidated framework to regulate broadcasting services including DTH, OTT and digital news platforms.

The proposed draft Bill, which had been released for public consultation, aimed to replace the Cable TV Networks (Regulations) Act 1995 and other policy guidelines that govern this sector. 

The draft Bill had also provided for content evaluation committees with independent members, a more participative Broadcast Advisory Council for self-regulation, differentiated approach for programme and advertisement codes and statutory penalties, among others.