Even If You Don’t Consider Yourself a ‘Broadcaster’

Newsreel Asia Insight #296
July 29, 2024

The proposed Broadcast Bill, if passed, will dramatically extend regulatory oversight to include social media influencers and online content creators, potentially impacting not just local digital personalities but also global creators targeting Indian audiences. The bill proposes rigorous registration requirements, stringent content scrutiny and increased governmental intervention, raising significant concerns about freedom of expression, privacy and the dynamic nature of online interactions.

The original Broadcast Bill was rolled out for public consultation in November 2023, inviting everyone to weigh in. The latest version—though it’s packed with significant expansions in scope—is being shown only to a select few, The Wire reports.

Imagine this: You’re a budding YouTuber or an Instagram influencer. You’ve just hit a sweet spot with your followers, your content is picking up, and bam! You might now need to register with the government because of a new law. Under the new Broadcast Bill, content creators who have reached a certain popularity threshold will need to officially register themselves. It involves aligning with a three-tier regulatory structure, previously only applicable to big names like Netflix or Amazon Prime Video.

It’s a bit like going through security checks. First, you do a self-check (self-regulation), then you join a community watch group (signing up with a self-regulatory organisation), and finally, if there’s a big issue, you go to the council (a government constituted Broadcast Advisory Council). But here’s the twist — this council will only step in to hear appeals against decisions made by the self-regulatory group. It’s kind of like having referees in a sports game who only make a call when the players can’t resolve a dispute themselves.

Now, let’s talk about the content itself. If you’re sharing news or current affairs, your work will need to pass through a content evaluation committee that you set up at your own cost. Before your video on the latest election or a tweet about a recent protest goes live, this committee has to give it a thumbs up. This setup is meant to ensure that content is responsible and adheres to a set of standards, but it could also slow down the instant nature of social media sharing, making it tough for real-time discussions and reactions.

The bill also has something to say about social media companies. If they don’t hand over user information to the government, they could face criminal charges.

The bill doesn’t limit its reach to Indian citizens; it stretches its arms across borders. This means a content creator in, say, Canada or Germany, who targets an Indian audience, could also have to comply with these rules. It’s a bit like setting house rules that not only your family but your neighbours have to follow, too.

Advertising isn’t left out of the mix either. The bill plans to bring advertising networks under its wing by defining them as “Advertising Intermediaries.” This means big ad platforms like Google Adsense and Facebook’s Audience Network will also have to play by new rules. Previously, regulating online ads was the job of the Ministry of Electronics and Information Technology, but now, the Ministry of Information and Broadcasting is stepping in to take a role in overseeing this area.

And then there’s the overlap with existing information technology (IT) laws. The bill seems to mirror some of the provisions already covered under the IT Act, particularly around regulating intermediaries and online content. It make one wonder about redundancy and the complexity of compliance. These ambiguities could be exploited to selectively target or suppress dissident voices under the guise of regulatory compliance.

For journalists, activists and outspoken citizens, this bill might mean navigating a minefield of regulations.