The Ministry of Information and Broadcasting (MIB) met with the social media and broadcasting industry-related stakeholders on July 9 to discuss the purview of the Broadcast Services (Regulation) Bill, 2023 concerning social media news content.
This is the fourth meeting the Ministry held in the last 45 days; the first meeting was held in May, chaired by the Secretary. The recent meeting saw representations from broadcasters including Netflix and Hotstar, streaming platforms like Spotify, social media companies with the likes of Google and Meta, and industry associations including FICCI, NBA, and IAMAI.
The Ministry has also requested feedback and comments within three weeks (by July 31) on the latest version of the bill. Multiple concerns have been raised concerns around purview of the music streaming services, and AI-generated content.
The last bill was floated in November last year for public consultation, which stated that the law to regulate the broadcasting sector will also be applicable to the streaming giants.
This proposed regulation for OTT platforms, akin to cable TV, has raised concerns about the impact on creative content and freedom of expression.
The bill suggests official certification and a regulatory committee, potentially stifling artistic freedom, stakeholders have earlier said while raising their concerns.
The draft proposed the formation of individual content evaluation committees with members from various social groups who will review and sign off on shows before they are released. It is to be noted that all films in Indian cinemas are reviewed and certified by a government-appointed board, whereas streamed content is not.
Storyboard18 earlier reported that according to internal reports and industry sources, the government is now also mulling a significant new proposal to include User Generated Content on social media platforms, when such content is put out by “professionals”. The content generated by “professional creators” on social media will be regulated under the proposed Broadcast Services (Regulation) Bill, 2023.
Read more: Govt mulls new proposal to regulate UGC on social media under broadcast services bill
To be sure, under the existing IT rules content regulation on social media platforms lies with the Ministry of Electronics and Information Technology (MeitY). However, under the new proposal, when passed, such content created by creator “professionals” on social media platforms like YouTube will be regulated by both the MIB and MeitY.
Ambiguities regarding the role and responsibilities of platforms like Google and Meta, definitions of who or what constitutes professional creators and content, and scope and scale of the regulation that would potentially require millions of creators to be registered under the BSR act, have raised concerns among stakeholders.
Recently, the Press Club of India, along with other media stakeholders and press bodies resolved to intensify the demands of media and digital rights organisations and have urged the centre to withdraw laws that may allow the government to curb the freedom of press. The resolution criticising the provisions granted to the government was published in a letter dated June 14, resulting from a meeting held on May 28.
The resolution noted the provisions under laws such as the proposed Broadcast Services (Regulation) Bill, 2023, the Digital Personal Data Protection Act, 2023, the Press and Registration of Periodicals Act, 2023, and the Information Technology Amendment Rules, 2023, which grants authority to the government to remove any online content pertaining to its business that it deems to be false or misleading.
It highlighted that the Broadcast Services Regulation (BSR) Bill expands regulatory oversight to include OTT platform and digital content. The same will replace Cable TV Networks (Regulation) Act, 1995 and proposes mandatory registration, content evaluation committees for self-regulation and a three-tier regulatory system.
On multiple occasions, stakeholders have stated their apprehensions of control and regulation that may place unreasonable restrictions on the citizens’ right to know and right to freedom of expression.