In a controversial move that’s sending shocks through India’s media landscape, the Broadcasting Services (Regulation) Bill 2024 is set to retire the outdated Cable Television Networks Act of 1995. This new bill doesn’t just target traditional broadcasting, it ambitiously extends its reach to encompass over-the-top (OTT) content and digital news, reflecting the rapid evolution in media consumption and the booming industry of digital content creators.
A New Era Or A Creative Suppression?
Released for public consultation in November 2023, the bill’s first draft aimed to unify all broadcasting regulations under one comprehensive law. However, it immediately sparked an uproar among content creators outside of legacy media or registered digital platforms, who feared they might face the same stringent obligations as streaming giants. Addressing these worries, the July 2024 second draft introduced a new category: digital news broadcasters. Now, anyone uploading videos, podcasting, or blogging about current affairs could find themselves under this umbrella, facing government intervention and increased constraints that could potentially strangle their creative freedom.
Government Control Under The Pretext Of Regulation
The bill’s provisions threaten to turn the vibrant world of digital content creation into a bureaucratic nightmare. Beyond a certain threshold of users, creators will have to notify the government of their existence within a month of the Bill’s passage and register with a three-tier regulatory structure previously applied to streaming services like Amazon Prime Video, Netflix, and Hotstar. This regulation creates a ceiling for creators, forcing them to navigate a jumble of compliance just to share their work.
Not only does the bill impose content codes addressing hate speech, violence, and misinformation, but it also enforces stringent penalties for non-compliance, ranging from fines to warnings and even imprisonment for severe violations.
Impact On Platforms & Creators
Platforms hosting user-generated content, such as YouTube, Instagram, and podcasts, will also need to adjust their policies and practices to comply with these new regulations. This could affect the algorithmic promotion of content, potentially limiting the reach of some creators. The bill clarifies that if an OTT broadcasting service or a digital news broadcaster is a user on a social media platform, the broadcaster, not the social media company, must comply with the act.
Adding to the burden, the bill enforces data localization requirements, compelling platforms to store data within India. Influencers and creators will need to ensure that the user data that is dealt with has complied with India’s data protection laws, which involves implementing strong data security measures to safeguard against breaches and unauthorized access. This local data will help the government with access easier raising severe concerns on privacy infringements and operation complications across the country. This over-regulation, government overreach, and censorship threatens to stifle creative freedom, complicate monetization, and disproportionately impact marginalized creators.
Reading Between The Lines
A closer examination of the proposed Broadcasting Services (Regulation) Bill 2024 reveals a disturbing agenda. Section 2(y) claims that “OTT broadcasting services shall not include a social media intermediary or a user of such intermediary,” while Section 20(2) ambiguously extends these provisions to individuals mentioned in subsection (1). The lack of clarity in the regulations could be seen as a grey area to manage the influence of content creators who effectively engage their audiences on various topics, including government agendas and schemes.
The Bill’s outplay becomes even more apparent in Section 30, which grants the government or authorized agencies the sweeping power to inspect broadcasting networks and services, with or without prior notice. This invasive authority threatens to disrupt and undermine the operations of creators, placing them under constant surveillance and scrutiny.
Additionally Section 31, which bestows draconian powers upon the government, allowing officers to seize and confiscate broadcasting equipment at will jeopardizing not only the livelihoods of content creators but also instilling a climate of fear and self-censorship.
The true intent of this bill is clear to tighten the government’s grip on the burgeoning digital content space and silence dissenting voices. By targeting those who wield significant influence, the bill will significantly stifle innovation and suppress free expression. This is a direct assault on the creative freedoms that form the bedrock of our digital age. It is imperative that we resist these authoritarian measures and stand firm in protecting the rights of content creators and the diversity of voices that enrich our society.
A Dark Cloud Over Creative Freedom
This uncontrolled nature and freedom of digital content space threatens to transform a vibrant, dynamic media environment into a conformist one. Innovators, once the pioneers of new and diverse content, now face an uncertain future in which regulation stifles creativity.
This bill serves as a stark wake-up call, highlighting the urgent need to safeguard the creative liberties that drive our digital age. As we navigate this new regulatory terrain, it is imperative to ensure that the voices of individual creators are not silenced by the heavy hand of government control. This fight is not just about content, it’s about preserving the very essence of innovation and free expression in our society.
Authors: Nitika Nagar, Parinika Krishnan, Vihaan Jadhav & Pari Arora