The Ministry of Information and Broadcasting has withdrawn its controversial draft Broadcasting Services (Regulation) Bill, 2024, which had sparked significant debate and criticism over potential government overreach into online content regulation. The draft bill, which aimed to overhaul broadcasting regulations, was met with concerns regarding its implications for freedom of speech and expression.
Last month, the ministry shared the draft bill with select stakeholders for feedback. However, sources confirm that the ministry has since requested the return of these draft copies. A senior government official and two industry executives have verified this development. The ministry’s decision to pull back the draft indicates a potential reassessment and revision of the proposal.
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In response to inquiries, the ministry did not provide specific comments but issued a statement on X (formerly Twitter). The statement referred to an earlier draft bill from November 2023 and noted that the ministry is engaged in ongoing consultations with stakeholders. It also mentioned that stakeholders have been given additional time until October 15 to provide their comments. “A fresh draft will be published after detailed consultations,” the ministry’s statement read. Notably, the statement did not address the new draft bill shared last month or the directive to return the copies.
This lack of clarity has left stakeholders puzzled, particularly those who did not receive the 2024 draft. One industry insider, who preferred to remain anonymous, expressed confusion: “Are we supposed to send our comments on the November 2023 version of the now withdrawn draft, because a copy was never formally shared with us?”
The 2024 draft bill aimed to replace the 1995 Cable Television Networks (Regulation) Act and extend regulation to over-the-top (OTT) content and digital news. However, the new draft introduced broader provisions that drew criticism. It included social media accounts and online video creators within its scope, proposing definitions that could encompass independent content creators. This expansion raised concerns about potential government control over digital platforms and online content.
The draft bill’s attempt to define “digital news broadcasters” to include a wide range of online content creators was particularly contentious. It proposed that any entity or individual publishing news or current affairs content through various digital mediums, including social media platforms like YouTube and Instagram, would fall under this category. This would have subjected them to registration requirements and compliance with government regulations.
The bill also suggested that OTT broadcasters meet certain thresholds for subscriber numbers and adhere to content and advertisement codes. Online content creators would have been required to establish a Content Evaluation Committee (CEC) with diverse representation, which would have to be reported to the government. This committee would oversee content certification, although certain programs like news, educational content, and government-designated categories would be exempt.
Additionally, the Bill sought to align with the “Code of Ethics” from the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which have faced legal challenges and been stayed by the Bombay High Court and the Madras High Court.
A senior government official had previously indicated that the expanded scope of the draft Bill was influenced by the active role of independent content creators in the lead-up to the 2024 Lok Sabha elections. This context underlined the government’s concerns about regulating digital content more comprehensively.
