As per reports, there are currently about 80-100 million content creators in India. Over 50% of Indians rely on social media for their news, claims Reuter’s Institute’s ‘Digital News Report 2024’. And if you are among any of the mentioned cohorts, you must be aware of the controversial Broadcasting Services (Regulation) Bill, 2024. This new rendition of the bill from 2023, classifies online content creators as digital news broadcasters and/or OTT players. This brings them under the purview of legal compliances that were earlier reserved for the broadcasters and over-the-top platforms under various existing acts.
Given the recent history of Indian government’s actions against journalists, independent websites, and broadcasters – including the raids at BBC India offices, arrest of freelance journalists like Irfan Mehraj among others, and the blocking of politically-sensitive content on social media platforms like X (formerly known as Twitter) – the new bill, experts claim, is threatening the freedom of expression of digital content creators as well. There is currently no existing framework for digital content creators to adhere to. On top of that, the secrecy with which the government is currently dealing with the bill has raised eyebrows.
However, a closer assessment of the Draft Broadcasting Services (Regulations) Bill by IMPACT, reveals that while the potential threat to freedom of speech—particularly for independent journalists on social media—is of concern, the bill also presents certain opportunities that could benefit the community. This analysis aims to decode what the bill might mean for digital creators, if passed in its current form, and whether it’s truly something to be worried about.
What is the Broadcast Bill
The Broadcast Services (Regulation) Bill, originally introduced in 2023, is a proposed law that aims to consolidate the legal framework for the broadcasting sector and extend it to digital content as well. The bill, essentially, seeks to replace the 1995 Cable Television Networks (Regulation) Act.
In its second draft, which was secretly shared with select shareholders a few days ago, the bill brings under its purview any “publisher of news and current affairs content” who has attained “subscribers or viewers above a certain threshold”, as “digital news publishers”. People who are creating content that is not news related will be seen as OTT players. This will include independent content creators on various platforms like X, YouTube, Instagram, WhatsApp etc. Even foreign content creators may fall under the ambit of the bill.
These creators would have to self-classify, intimate the government about their operations, subscribers, and submit reports on the content evaluation committees (CECs) that they will have to form. News broadcasters and educational content creators are exempt from creating these committees under the current draft but will have to follow all other compliances. The earlier draft stated that only television broadcasting networks will have to register with the central government, while OTT platforms must provide an intimation after meeting a certain threshold of subscribers.
The inclusion of independent content creators, especially after the recent Lok Sabha elections, wherein several online journalists critical of the ruling government got popular, has raised several eyebrows. Several opposition leaders have opposed the bill. “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.
Furthermore, the bill also emphasises on the codes of ethics defined under the IT Rules, 2021, which have been put on stay by the Bombay High Court and the Madras High Court for restricting freedom of expression.
But that is not all to the bill. If looked at comprehensively, it also covers several important issues like bringing in accessibility measures for persons with disabilities, strong anti-piracy provisions, and introducing a structured dispute resolution mechanism. Several industry insiders have also lauded the bill for its scope to curtail fake news and voyeuristic content in the digital media space.
Safeguarding Content Space
Back in 2013, violent communal riots shook the north-Indian city of Muzaffarnagar which were exacerbated by a false video shared on social media. The viral nature of social media meant that false narratives and inflammatory content spread like wildfire, further polarising communities, and leading to more violent confrontations. The riots ultimately resulted in 60 dead and thousands getting displaced.
This is just one of the many incidents that have created unrest within the country because of fake digital content. According to experts surveyed for the 2024 Global Risk Report by the World Economic Forum, India was ranked the highest for the risk of consuming misinformation and disinformation. The Broadcast Bill, if implemented honestly and effectively, can curb such problems.
Abhishek Gupta, JMD, BEI Confluence comments, “We know that there are countless people around the country who have taken to getting absolutely all kinds of information via the internet. Be it news, entertainment, education, weather, sports, the primary medium of information is rapidly becoming the internet. Social media influencers are becoming increasingly sought after for their daily dose of entertainment & information. Therefore, it is of utmost importance that the information these people are disseminating are of good quality and most importantly “unfabricated news” – because it is honestly very easy to mislead people in a scenario like this.
Therefore, the new broadcast bill should put strict protocols in place to monitor any kind of misinformation and we all know that the repercussions of this ‘false news’ can be disastrous for people at large.”
Sanjay Trehan, Digital & New Media Advisor, adds to this thought, “With the proliferation of influencers and social media broadcasters, there’s a need to watch this space closely. Content creators, both short and long form, are attracting huge audiences and must adhere to certain guidelines and discipline. India is a diverse country with varied views and those in the position to influence masses must exercise caution and responsibility. This space can’t be left entirely on its own. Hence, including content creators in the gambit of the broadcasting bill is a step in that direction. Having said that, I believe self-regulation is the best and the creators need to be aware of their responsibility.”
The Burden of Reach
Self-regulation, while an interesting and noble concept, is a grey area to explore. People come from all kinds of backgrounds and experiences that could make them believe in the validity of an idea by its presentation. That’s possibly why the broadcast bill talks of a three-tier mechanism to regulate content, that includes having a grievance officer, signing up with a self-regulatory organisation, and also a government constituted Broadcast Advisory Council. However, it is not possible for every individual content creator to adhere to these.
To put in context, a meagre 1%, or 1.5 lakh professional content creators have been able to monetise their content in India, as per a Kalaari Capital Report. Most of them just make Rs 16,000 a month. A sizable chunk of the rest 99% comes from small towns and humble backgrounds who might not have the financial resources or even the right educational qualifications to hire a grievance officer.
While digital news programmes and educational programmes are currently exempted from establishing CECs, there is ambiguity about content curated by creators who will be classified under OTT platforms – which could be entertainment content like fictional series, comedic content, etc.
Tanya Khanijow, Travel & Lifestyle Creator exclaims, “While the bill aims to create a more organised and accountable content landscape, there are both pros and cons involved. On the positive side, it could potentially improve content quality and address issues like fake news. However, the broad scope and potential for censorship are concerning. Additionally, the compliance burden on smaller content creators and platforms could stifle innovation and diversity.”
Silencing the Dissent
The biggest concern surrounding the bill has been its impact on the growing independent & citizen journalist community on digital media platforms like YouTube and Instagram. From bigwigs like Barkha Dutt, Ravish Kumar, and Faye D’Souza dominating the news industry on smaller screens to new-age content creators like Dhruv Rathee, Akash Banerjee (Deshbhakt), and Ranveer Allahbadia (BeerBiceps) attracting millions of viewers, there is no dearth of socio-political commentary on the web. According to a Reuters survey, 54% of Indian respondents now rely on YouTube for their news and 48% on WhatsApp.
The recently concluded general elections proved the power these people hold over the Indian population. According to data from analytics firm Social Blade, Rathee gained 2.5 million subscribers on YouTube in April 2024, when he was creating critical content against the ruling party. Similarly, between January & May, television journalists turned-digital news influencers such as Ravish Kumar and Abhisar Sharma saw significant jump of 175% and 115%, respectively, in the monthly views on their channels.
These are the people who are possibly going to be the most impacted because of the proposed broadcast bill. The current ruling government, time and again, have been accused of silencing dissent. And this bill seems like a conscious move to control the narratives on digital platforms, several industry insiders fear.
Jaspreet Dyora, Content Creator, puts forward her concerns, “The Broadcast Bill might improve user safety and control the misleading information from traveling on the internet but it will, somewhere, destroy the freedom of speech. And new creators will also face big challenges to establish themselves in the industry. Being an entertainment creator, I feel that we will also face this challenge. Our work may be subject to censorship or restrictions that could hinder our ability to express our artistic vision. I will try to diversify my content across platforms to reach a wider audience and mitigate the impact of potential restrictions on one medium.”
Grave Times Ahead
At present, the Indian content creation industry is the fastest growing in the world. A number of people have been able to attract fame and recognition because of social media platforms. Furthermore, the space had democratised content largely. However, the bill, if passed, will shake up the content space quite literally. There are going to be a set of new rules and regulations that can impact their day-to-day operations.
Furthermore, the secrecy with which the current draft of the bill is being discussed among stakeholders is raising concerns. A few days ago, YouTubers such as Meghnad S, Dhruv Rathee, Abhisar Sharma and Vimoh, raised their concerns about the same in a letter addressed to the Minister of Information and Broadcasting Aswhini Vaishnaw. The letter criticised the “secretive” approach, noting that it excludes key public stakeholders, including digital media content creators and the general public, who are directly impacted by the bill and should have been part of the consultation process.
DIGIPUB News India Foundation, which represents over 90 digital news media entities, commentators, and journalists across India, also sent a letter on July 29 to the minister requesting a formal meeting to address the foundation’s concerns and suggestions regarding the digital news ecosystem.
IMPACT tried contacting several of these people but none of them responded by the time of filing this story. Therefore, it is difficult to comment how exactly they are processing the bill and what their plans are ahead.
However, it is certain that there is a lot of ambiguity over the overall bill and its impact particularly in its broad definitions and the potential scope of enforcement. Content creators might find themselves navigating an unclear regulatory landscape, where the rules are not always straightforward, and the penalties for non-compliance could be severe. This lack of clarity could create an environment of fear and hesitation, where content creators are unsure of how to operate within the new framework, potentially stifling innovation and leading to a more cautious and less dynamic content creation industry.
