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The proposed Broadcasting Services (Regulation) Bill, whose first draft was released last year, has come under opposition fire over allegations that a revised version was "secretly" given to a few select stakeholders. The issue, which has gained significant traction on social media and sparked concerns regarding Instagram influencers and YouTubers coming under regulatory oversight, also echoed in Parliament.
The matter was first brought to light by Trinamool Congress's Rajya Sabha MP Jawhar Sircar, who claimed a revised version of the bill was circulated among business houses and stakeholders.
"The Modi government suppresses truth from Parliament — but shares information with business houses and 'stakeholders'," Sircar tweeted.
"The government has revised the Broadcasting Bill and has circulated it secretly -- yet it refuses to say this. It avoids the rest of the question -- as no democratic country has such a draconian law," he further said.
Sircar's outburst came after Minister of Information and Broadcasting Ashwini Vaishnaw informed the Rajya Sabha in a written reply to his question that the bill was still in a drafting stage.
However, several alleged provisions of the alleged revised bill have already been reported and are circulating on social media, inviting backlash from a section of content creators.
While one user said it "suppresses the freedom of every independent content creator", another called it a bid to "shut the independent journalists".
As per the draft bill, Instagram influencers and Youtubers, whose user base will be defined by the government, might be classified as "digital news broadcasters", according to a report in The Hindustan Times. Creators on TikTok may also be included, even though the app is banned in India.
It has been reported that these digital news broadcasters will be separate from OTT broadcasting services and registered digital media. The first draft of the bill had already proposed that OTT platforms, which have the freedom to create any kind of content, will be bound by a programme code.
The content creators reportedly will be required to notify the government of their presence within a month of the enactment of the legislation. This provision is also likely to apply to any account sharing news irrespective of follower count.
Reports said they may also have to register under a three-tier regulatory framework similar to OTT services such as Amazon Prime Video and Netflix.
Moreover, they will also have to create a "content evaluation committee" at their own cost to screen the content before going live, the draft bill reportedly says. Those failing to do so will likely face criminal liability.
A significant aspect includes the establishment of a Broadcast Advisory Council, which will include five officers nominated by the Centre and professionals in the industry, to impose monetary penalties in case of violations.
Those who post news and current affairs on social media "as part of a systemic business, professional, commercial activity" will also be under its ambit, the report says. Thus, a podcast that has news commentary or a news blog that has Google AdSense enabled will have to adhere to the rules.
Another aspect of the proposed bill is that the regulations are likely to be applicable to all Internet users worldwide.
Social media companies such as Meta, YouTube and X, which are classified as intermediaries, are likely to attract criminal liability if any information sought from them by the government is not provided.
Also, the draft bill makes the user, rather than the social media intermediary, responsible for ensuring compliance with the rules.
Moreover, advertising networks like Google Adsense, Facebook Audience Network, and Taboola are also likely to be brought under the legislation's ambit and be classified as "advertising intermediaries".
It reportedly defines them as "an intermediary which primarily enables the buying and selling of advertising space on the internet or placement of an advertisement on online platforms without itself endorsing the advertisement".
In a scathing criticism of the legislation, Congress said the "excessive surveillance" online was nothing but "the government's tyranny".
"Increased government control over content creators, from social media influencers to independent news outlets, threatens the independence of the press and restricts free speech," Congress leader Pawan Khera said in a post on X.
Khera, who heads the media and publicity department of the party, said anyone uploading videos or making podcasts would be labelled as "digital news broadcasters" as per the proposed bill.
"This can unnecessarily regulate individuals and small teams providing independent news coverage," he said.
"Requiring online creators to establish content evaluation committees adds pre-publication censorship. This will delay timely news and create a chilling effect on free expression," Khera further said.
The Congress leader said this would impose a "heavy regulatory burden" on small content creators. Noting that many independent journalists lack resources to comply, the stringent regulations would lead them to shut shop.
He said the rules put independent creators on par with traditional broadcasters, and it would harm their "economic viability".
"This will discourage new entrants... this is exactly how the government finished the crypto market in India," he said.
