India’s New Broadcast Bill Mandates Compliance For YouTubers and Instagrammers

The Indian Ministry of Information and Broadcasting (MIB) is considering new regulations that could significantly impact online streaming services, social media accounts, and global video creators. The latest version of the proposed Broadcast Bill, which is now undergoing scrutiny, aims to broaden its regulatory reach. The bill’s proposed changes, initially reported by the Hindustan Times, suggest that it will have substantial implications for press and creative freedom.

Key Changes in the Proposed Broadcast Bill

1. Regulation of Social Media Accounts as Digital News Broadcasters:

– Influencers and content creators on platforms like YouTube and Instagram who monetize their accounts through ads, subscriptions, or affiliate marketing will be classified as Digital News Broadcasters if they produce news or current affairs content.

– The bill might also apply to TikTok creators, even though TikTok is banned in India, due to its expansive definitions.

– There is no minimum threshold for regulation. Any account or channel that posts news and current affairs as part of a business activity will be subject to the same rules as traditional news entities. This includes adhering to a Programme Code and an Advertising Code.

– The regulation involves a three-tier mechanism:

1. Self-regulation, requiring a grievance officer.

2. Membership in a self-regulatory organization.

3. Compliance with a government-formed Broadcast Advisory Council, which will only handle appeals against self-regulatory decisions.

2. Regulation of Online Content Creators as Broadcasters:

– Creators who offer curated content beyond a certain scale will be treated as OTT broadcasters. Curation involves selecting and organizing content using skill or expertise.

– Creators must notify the government within a month of the bill’s enactment and form a Content Evaluation Committee at their expense. This committee must include representatives from various social groups.

– Content already certified by a statutory body, educational content, and certain other types of programming may be exempt from the committee’s certification.

3. Global Scope of the Bill:

– The bill’s revised definition of “person” excludes “Indian citizens,” suggesting that the regulations could apply to global internet users. This represents a significant expansion from the previous draft.

4. Criminal Liability for Social Media Intermediaries:

– Platforms that fail to provide user information to the Indian government about Digital News Broadcasters and OTT broadcasters face criminal liability. The bill imposes compliance responsibilities on users rather than just the platforms.

5. Regulation of Advertising Networks:

– Advertising networks are now included under the bill’s scope. This includes entities like Google AdSense and Facebook Audience Network. The bill introduces a definition for “Advertising Intermediaries,” which are entities facilitating the buying and selling of ad space online.

– The bill does not provide specifics on advertising regulation but indicates that further “due diligence” requirements may be prescribed later.

6. Regulation of AI-Generated Content:

– The bill’s definition of “person” now includes “artificial persons,” which may extend its reach to AI-generated content.

7. Overlap with IT Act:

– The bill appears to overlap with the IT Act’s provisions for regulating online intermediaries, suggesting a consolidation of regulatory responsibilities.

8. Piracy Provisions:

– The bill contains provisions related to piracy, which traditionally falls under the Copyright Act, raising questions about its scope and jurisdiction.

9. Validation of IT Rules:

– The bill retroactively validates the IT Rules as being issued under this Act, reinforcing their legal status and addressing previous legal challenges.

10. Exemptions:

– The bill allows for exemptions to avoid “genuine hardship,” potentially freeing certain stakeholders from its regulations based on government discretion.

This revised Broadcast Bill marks a significant shift in the regulatory landscape for digital media and online content, potentially affecting a broad range of global stakeholders.