The Ministry of Information and Broadcasting has extended the deadline for feedback on the draft Broadcasting Services (Regulation) Bill to October 15. This extension allows for more comprehensive discussions with stakeholders before a revised draft is published.
The original draft, along with explanatory notes and a call for public and stakeholder comments, was made available in November of last year.
In a post on X (formerly Twitter), the ministry said, “The Ministry of Information & Broadcasting is working on a Draft Broadcasting Services (Regulation) Bill. The draft Bill was placed in the public domain on November 10, 2023 along with the explanatory notes for comments of the stakeholders and the general public. In response, multiple recommendations/ comments/ suggestions were received including from various Associations."
It further added, “The ministry is holding a series of consultations with the stakeholders on the draft bill. Further additional time is being provided to solicit comments/ suggestions till 15th October, 2024. A fresh draft will be published after detailed consultations.”
The most recent draft of the Bill, distributed to selected stakeholders via watermarked copies but not released to the public, has sparked several concerns regarding certain provisions and the overall approach to consultation.
Additionally, a key point of criticism was a provision in the draft that might categorise most online influencers as broadcasters if their content addresses current affairs.
Bill reclassifies online content creators
The proposed Broadcasting Services (Regulation) Bill, or BSRB, redefines online content creators. It categorises various creators—including independent journalists on YouTube and Instagram, LinkedIn influencers, and newsletter writers—as either OTT broadcasters or digital news broadcasters, depending on their content.
The Bill requires broadcasters that surpass a government-defined threshold to set up Content Evaluation Committees (CECs) to pre-certify their content, among other requirements. These committees must ensure diversity by including members knowledgeable about different social groups, including women, child welfare, Scheduled Castes, Scheduled Tribes, and minorities. The government must be notified of the names of individuals appointed to the CEC.
New guidelines for Digital Media
The draft also introduced due diligence guidelines for intermediaries concerning the programs they broadcast and sought to regulate advertising intermediaries. Stakeholders were notified that their feedback on the draft is no longer required.
The Bill aimed to validate the 'Code of Ethics' established under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021, which have been stayed by the Bombay High Court and the Madras High Court.
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