Broadcast bill for YouTubers, indie journalists ‘restrictive’

Media observers feel India’s draft Broadcasting Bill is an attempt to wrest control from journalists and content creators who are using social media to speak truth to power. They say the compliances for online content creators are more restrictive than regulatory.

The first draft of The Broadcast Services (Regulation) Bill, 2024, was published for public consultation last November. The revised version was revealed to limited stakeholders recently and is yet to be shared with the public.

Highlights

YouTubers, Instagrammers or podcasters who share news and current affairs could be classified as digital news broadcasters. This applies to accounts that make money through advertising, subscription or affiliate means. Non-news influencers with a certain number of followers could be treated as OTT broadcasters.

These accounts are required to set up committees to evaluate and certify their content at their own cost and intimate the names and credentials of these members to the government.

It also fixes criminal liability on social media platforms if they do not provide information about non-compliant OTT and digital news broadcasters.

‘Can’t afford evaluation team’

Bengaluru content creators aren’t against regulation. But they say the draft bill appears to curb creative expression while overlooking real concerns such as the explosion of kid influencers.

Joshiba Aishwarya Dev, an advocate, makes videos explaining laws on her 
Instagram account @legallyfitjoshiba. Some of her recent videos have been pegged to the union budget, the Ambani wedding, and the Pune car crash.

Content creators mostly operate on their own or with a small team and she feels not everybody can afford to set up a content evaluation committee. “A better idea is to ask social media platforms or agencies that work with creators to put more moderation controls in place,” she says.

Saim Afzal, the creator of @thebangalore360, shares a similar view. “Lately, X is doing a good job of flagging misinformation. The bill should ask these platforms to strengthen their fact-checking teams and algorithms,” says the civil engineer. He posts updates about civic issues and events in Bengaluru.

‘Existing laws enough’

According to journalism professors in the city, the bill reflects the anxieties of the current dispensation, which suffered an upset in the general elections. They say social media had a role to play here. While professionals like Ravish Kumar, Dhanya Rajendran, Barkha Dutt and Faye D’Souza displayed fearless journalism on the non-traditional medium, YouTubers like Dhruv Rathee sifted truth from lies.

By going after social media, the government is going after the massive influence it has over the masses, believes Joel M Jacob, an assistant professor of media studies at a city college. “Most creators don’t have the resources to put together a content evaluation committee. This will bar them from posting critical information. It’s concerning because Gen Z mostly gets its news from social media,” he adds.

Journalism professor Rakesh Katarey also disapproves of the idea of a third party screening news and commentary. “Self-regulation is the best for regulation. If that does not work, existing industry bodies can be given more teeth to go against disinformation,” he says.

Media studies professor Naresh Rao too believes the existing laws around defamation and sedition can be applied to digital media. “With (Gautam) Adani and (Mukesh) Ambani jumping into the business of news, is the bill trying to bring back attention to traditional media?” he asks. These industrialists are known to be close to the current dispensation.

VOICE YOUR CONCERNS
Delhi-based Internet Freedom Foundation has compiled pointers on how citizens can share their concerns about the proposed bill. Look up @internetfreedom on X.