The government of India on Monday announced that it will present a fresh draft of the Broadcast Services (Regulation) Bill after detailed consultations. The bill was initially placed in the public domain in November 2023 but has been pending since then. Meanwhile, the government also faced criticism from various stakeholders regarding the provisions in the draft bill. But the question is why the government needs the broadcasting bill and what prompted it to consider drafting a fresh bill
Why government pushing for Broadcasting bill?
Broadcasting in India is currently regulated by the Television Network Act of 1995. The provisions in the act were drafted for regulating the content on television as it remained the sole medium at that time. However, nearly two decades since then, the medium of broadcasting has increased and there are several platforms that need to be regulated. So the government is trying to come up with a comprehensive bill that could cover the entire broadcasting realm.
What is Broadcasting Services (Regulation) Bill 2023 and its new draft?
The bill, placed in the public domain in November 2023, sought to include Over-the-top (OTT) platforms under its ambit for regulating the content. However, the government prepared a new draft expanding the scope of the bill to include, social media platforms, and current affairs among others. Ministry of Information and Broadcasting prepared a new draft, watermarked copies of which were reported to have been circulated to some stakeholders. The new draft strived to consolidate the legal framework for the broadcasting sector.
The new draft defines ‘digital news broadcasters’, which covers entities and individuals who produce online news and current affairs content, including newsletters, social media posts, videos and podcasts. The bill also broadens the definition of intermediatory by including internet service providers, social media portals, and online search engines. However, with the latest announcement, the government will now bring another draft of the bill.
What were legal obligations in revised draft?
In the revised draft, the digital news broadcasters were obliged to notify the Ministry of Information and Broadcasting (MIB) about the work they do. They were also required to appoint a content evaluation committee, failing both could draw a hefty penalty. The draft bill specifies fines of Rs 50 lakh for the first violation and Rs 2.5 crore for subsequent violations within the next three years.
What prompted government's latest announcement?
The bill has drawn criticism from many stakeholders over the strict rules. There have been concerns that the bill seems less regulatory and more inclined towards censorship. Additionally, the bill is perceived by many as a limitation to the freedom of speech. Apart from that, stakeholders such as DigiPub and the Editors Guild of India claimed that digital media organisations and civil society associations were not consulted on the move.
The draft bill also drew criticism from the opposition Congress with Priyanka Gandhi Vadra who accused the government of trying to "gag" digital platforms like social media, OTTs and those who write and speak in a private capacity. So with the latest announcement, the government seems to strive to sieve out the scepticism of the stakeholders as, most importantly, it extended the period for suggestions and soliciting comments and iterated that it will present a fresh draft after detailed consultations.
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