Overview of the Proposed Broadcasting Bill
The proposed Broadcasting Services (Regulation) Bill has ignited significant controversy, particularly among digital content creators. This draft bill, initially made public last year, has been accused of undergoing clandestine revisions, sparking a fierce debate about its implications for social media influencers and YouTubers.
Allegations of Secret Revisions
The controversy was brought to light by Rajya Sabha MP Jawhar Sircar of the Trinamool Congress. Sircar accused the Modi government of secretly circulating a revised version of the bill to select stakeholders, bypassing public and parliamentary scrutiny. Sircar criticized the government for allegedly suppressing information while sharing it with business houses and other select parties.
In response, Minister of Information and Broadcasting Ashwini Vaishnaw stated that the bill was still in the drafting stage. Despite this, several provisions of the alleged revised bill have already surfaced on social media, causing concern among content creators.
Potential Impact on Influencers and YouTubers
The draft bill proposes that influencers on platforms like Instagram and YouTube could be classified as “digital news broadcasters.” This classification might also extend to TikTok users, despite the app’s ban in India. The bill could require these digital broadcasters to notify the government of their presence within a month of the legislation’s enactment.
Further, content creators may need to register under a three-tier regulatory framework akin to those imposed on OTT services such as Amazon Prime Video and Netflix. A significant provision is the requirement for creators to establish a “content evaluation committee” at their own expense, with failure to comply potentially leading to criminal liability.
Establishment of a Broadcast Advisory Council
A key feature of the proposed bill is the creation of a Broadcast Advisory Council. This council would consist of five officers appointed by the government, along with industry professionals, to oversee and impose penalties for violations. The bill aims to regulate all Internet users worldwide who engage in news and current affairs as part of a systemic business or commercial activity.
Potential Criminal Liability for Social Media Firms
The bill also introduces criminal liability for social media platforms like Meta, YouTube, and X, which are classified as intermediaries. These platforms could face legal repercussions if they fail to provide information requested by the government. Additionally, advertising networks such as Google AdSense may be classified as “advertising intermediaries,” further broadening the scope of the legislation.
Opposition Criticism
The Congress party has strongly criticized the bill, describing it as an attempt to impose excessive surveillance and control over content creators. Congress leader Pawan Khera has argued that the bill threatens the independence of the press and restricts free speech. He contends that the regulations will disproportionately burden small content creators and independent journalists, potentially stifling their ability to operate.
Khera also highlighted concerns about pre-publication censorship and the economic impact on smaller creators, likening the potential effects to the government’s previous actions in the crypto market.
Conclusion
The proposed Broadcasting Bill has sparked intense debate, with significant concerns raised about its impact on digital content creators. As the bill continues to evolve, the broader implications for free speech, content regulation, and the future of digital media remain critical issues to watch.
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