Govt withdraws new draft of broadcast bill, to publish it afresh with revised provisions

The Union Ministry of Information and Broadcastinghaswithdrawn the new draft Broadcasting Services (Regulation) Bill, 2024,after criticism that the government was trying to exert greater control over online content. The draft raised several questions on freedom of speech and expression, and the government’s powers to regulate it.

The new draft of the Broadcast Service Bill, 2024, was introduced butfaced criticism as concerns were raised about the government's potential abuse of power.

Last month, the bill was not shared in the publicdomain but was instead sent to certain stakeholders for suggestions and opinions. Later, stakeholders were advised to return the draftwithout any suggestions.

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“A senior government officer and the two industry executives have confirmedthat the ministry asked the stakeholders to return the new broadcast draft,” said sources as per an IndianExpress report.

The ministry posted a statement on X, referring to an earlier draft bill placed in public domain in November 2023, and said it “is holding a series of consultations with the stakeholders” and is offering them “further additional time” till October 15 for their comments. “A fresh draft will be published after detailed consultations,” it said.

"In response, multiple recommendations/ comments/ suggestions were received, including from various Associations. Ministry is holding a series of consultations with the stakeholders on the draft bill," the statement said.

Additional time is being provided to solicit comments and suggestions till October 15, and afresh draft will be published after detailed consultations, the ministry said.

The draft included policies aimed at reshaping the entire broadcasting sector. The provisions suggested actions concerning OTT platforms and social media sites, including YouTube, Instagram, and even X. It proposed that creators and influencers who exceeda certain level of viewership would be required to pre-certify their content through a content evaluation committee.

The new version also defineda “digital news broadcaster” in sweeping terms, and required prior registration with the government.

There was confusion about whether the same policies would be applicable to non-news online content creators. According to the draft, such creators are included in the same category as OTT broadcasters.

Failure to meet the content evaluation committee requirements can result in a maximum penalty of up to Rs 50 crore for the violation of any provision, including damage to publishing and broadcast media infrastructure. It also includes provisions relating to advisory, warning, and censorship.

It will become necessary for any broadcaster or broadcasting network to appoint a self-regulating body, the CEC, which has the power to impose fines up to Rs 5 lakh. The government also has the right to form a broadcast advisory council for the inspection of broadcasting networks to ensure they follow the provisions of the bill.