India’s proposed Broadcasting Services (Regulation) Bill, 2023, may extend its regulations to cover individuals broadcasting news and current affairs content online, including on platforms like YouTube, WhatsApp, and Telegram channels. While the bill primarily aims to regulate streaming platforms like Netflix and Amazon Prime Video, the language used is broad enough to encompass anyone broadcasting news online.
This could include independent journalists, citizen journalists, and even public officials using platforms like WhatsApp channels. The move would bring online news organizations and streaming platforms under the purview of the Ministry of Information and Broadcasting.
The bill, if passed, would supersede Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which currently governs streaming platforms and online publishers of news and current affairs.
The proposed bill would treat streaming platforms and online news broadcasters as broadcasters, bringing them under the Ministry of Information and Broadcasting’s control. The bill does not explicitly mention repealing Part III of the IT Rules, but legal experts suggest that it may not be necessary as it could be done through a government notification.
According to the proposed bill, anyone broadcasting news and current affairs programs online, as part of a systematic business, professional, or commercial activity, would need to adhere to the Programme Code and Advertisement Code outlined in Section 19. This could include independent journalists with YouTube channels or Instagram accounts focused on news content. The bill allows for differentiation based on professional activity, suggesting that occasional posters or civilians streaming events like riots may not be covered.
The bill’s definition of “broadcasting” seems to be limited to the transmission of audio, visual, and audio-visual programs meant for viewing, potentially excluding textual news websites. However, legal experts have differing opinions on whether textual news websites would be covered under the bill’s obligations.
Overall, the bill could have far-reaching implications for the regulation of online news content and streaming platforms in India. It remains to be seen how the bill progresses and if there will be further clarifications on its scope and applicability.
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