All Homegrown Creators Need To Be Talking About The New Broadcast Bill: Here's Why

Images representing Indian creators and popular social media platforms.
For representational purposes only. L: Unsplash R: Noah Seelam/AFP
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4 min read

The internet is to us what news channels were to our parents. Among the previous generation, the TV was always on and tuned into news channels from morning till night. Today, screen time more or less remains the same but it’s shifted from the TV to the internet, where people spend hours on Instagram Reels and YouTube videos.

World events are consumed by us through edits, mini-commentaries, memes, and monologues. It’s our virtual hangout spot that replaces the traditional news channels our parents relied on. We scroll endlessly, liking, sharing, and commenting on content that catches our eye. This constant engagement trains the algorithm to show us more of what we love, creating a personalized feed that feels almost tailor-made for us.

A key part of the internet culture is feeling a sense of belonging in our algorithms that are filled with all our weird niches. It becomes a digital ‘home’, so to speak. So when something like the new Broadcasting Services (Regulation) Bill comes out, it feels invasive; like a threat to our digital freedom.

Understanding the New Broadcast Bill: What You Need to Know

Imagine you're an Instagram influencer or a YouTuber, creating content about news or current events. As first reported by the Hindustan Times, under the new Broadcasting Services (Regulation) Bill, 2024, you might soon be classified as a ‘digital news broadcaster’. This new bill aims to replace the outdated Television Network Act of 1995, and brings in some significant changes for online content creators.

Who Will Be Affected?

The bill targets YouTubers, Instagrammers, and other digital creators with a substantial following. If you have a user base above a certain limit, you'll need to inform the Indian government about your online presence within a month of the bill becoming law. Creators will need to set up a content evaluation committee to review all content they create before it's published. All of this is at the creator's own expense. Social media companies must also provide user information to the government or face criminal liability. If you share news content online, you must notify the government, register, and follow a three-tier regulatory framework that was previously only for streaming services like Netflix and Amazon Prime Video.

What Changes Does the Bill Introduce?

The bill was first released for public consultation in November 2023, aiming to consolidate regulations for broadcasters. Initially, there was confusion about whether online news creators would face the same rules as streaming services. The 2024 version clarifies this by introducing ‘digital news broadcasters’ as a new category. It defines ‘professional’ as someone in a structured, ongoing occupation and ‘systematic activity’ as any organized effort involving planning and persistence.

The updated draft also expands the definition of ‘news and current affairs programmes’ to include text, along with audio, visual, and other content. This means that the bill covers all online news-related content: videos, social media commentary, websites, newsletters, and podcasts.

Its Impact On Non-News Content Creators

Even if you don't cover news or current affairs but create curated content above a certain threshold, you will be treated as an OTT (Over-The-Top) broadcaster. This includes anyone who organises and presents information online, such as a doctor sharing nutrition tips, gym bros talking about workouts for different muscle groups, and even curators talking about artists, new music, architecture, fashion, make-up, and everything else you see on social media. When you think about it, the entire content creation world is based on different niches, so this bill includes almost everyone! If this bill is passed, they would need to notify the government within a month of the bill's notification. Unlike traditional broadcasters, there's no specific Programme Code for OTT creators, but the Advertising Code will still apply.

Establishing Content Evaluation Committees

The bill also states that online content creators must form a content evaluation committee made up of diverse social representatives, including women's organizations, child welfare advocates, and minority community representatives. This committee will be responsible for evaluating and certifying content.

What Can We do?

The scary part about this new Broadcast Bill is that it's shrouded in secrecy. Unlike its 2023 predecessor which was open to public scrutiny, this revised version is being kept behind closed doors. A select few broadcasters, tech giants, and industry associations have been granted exclusive access to the draft, with strict confidentiality measures in place. This lack of transparency raises concerns about the potential impact of the bill on digital freedoms and the public's right to know.

However, the bill is still in the public feedback stage, meaning there's a chance to voice your opinion before it becomes law. All proposed changes need approval from the Union Cabinet before they're presented in Parliament. The Internet Freedom Foundation has put together a comprehensive list of steps you can take to ensure that this bill never sees the light of day.

This is a critical time for digital creators to speak up and ensure their concerns are heard. This bill could have a huge impact on freedom of speech and creativity. It could make it harder for people to share their opinions and ideas without fear of punishment. Plus, it could give certain entities too much power over what you see and hear online and once that ball gets rolling we all know where it'll take us: further and further from what we have come to call a democracy. 

Watch Meghnad, an author & YouTuber voice his concerns below and help amplify the urgency of the situation as much as you can. 

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