Broadcasting Bill In Limbo: What's Next For India's Content Creators?

TikTok had amassed a staggering 200 million users in India, making it the app's largest market globally. For many, it was more than just a source of entertainment—it had become a launchpad for content creators and influencers, providing them with a platform to build audiences and generate steady incomes. After all, India’s content creation industry is expected to be valued at US$3.9 billion by 2030.

The TikTok ban however left a significant void, which was filled by Meta and Google that launched Instagram Reels in August 2020 and YouTube Shorts in September 2020 respectively.

Four years after YouTube Shorts was globally launched from India, it has amassed trillions of views in the country, said YouTube CEO Neal Mohan at the YouTube Brandcast 2024 event in Delhi recently. 

To drive home just how big YouTube Shorts is in India, Mohan shared an anecdote from when he joined YouTube nine years ago: back then, only 11 Indian channels had over a million subscribers. Today, that number has soared to over 11,000. 

He attributed this growth to Indian creators who are inspired by local trends and then make videos that go on to define global culture.

Executive Power Over Content?

The same content creators, up until a week ago, were bracing for a controversial piece of legislation, which would have curbed their freedom of speech. But owing to loud criticism from the media industry and civil society, the inevitability of the law – called the Broadcasting Services (Regulation) Bill – now hangs in the balance.

As per latest reports, the Ministry of Information and Broadcasting (MIB) is 'reconsidering' provisions of the bill and has asked the stakeholders to return their copies. 

The Bill is being brought to replace the almost three-decade-old Cable TV Networks Act of 1995. Back then, the Cable TV Networks Act was designed to bring order and accountability to the rapidly growing cable television industry in India, ensuring that it operates in a manner that is consistent with the country's social and cultural norms.

With changing times, the existing regulations are seen as outdated and inadequate, and MIB is of the opinion that new broadcasting platforms, such as direct-to-home (DTH) services, internet-based streaming, and Over-The-Top (OTT) platforms must be regulated.

As is the case with many Bills, a draft copy is usually published on the concerned ministry's website or circulated to relevant stakeholders for comments. The public, experts, civil society organisations, and other stakeholders are invited to provide feedback within a specified period.

The bill was first introduced in 2023, when the MIB asked the general public for feedback on the Bill. That public consultation ended in January. 

The first ‘red flag,’ as it were, appeared when the government handed out an updated draft copy in 2024 to select stakeholders behind closed doors. This led to some questions about the government's approach.

But the 2024 draft, which has been leaked online, was contentious in its own right.

Government Is Reassessing Provisions Of The Bill

One of the key features of the Bill which has been scrapped included defining a ‘Digital News Broadcaster’: an entity which shares news and current affairs on social media platforms and has the ability to monetise that content.

So, many fear that a lot of creators who discuss news-making issues on their platforms, like Dhruv Rathee, BeerBiceps (Ranveer Allahbadia), Mohak Mangal, Ravish Kumar, Faye DSouza among others, may well come under the purview of the bill and find it difficult to host the kind of shows that they have till now.

“The main issue with the Bill (now being reworked) lies in its terminology. The language used is so broad that it could encompass an overwhelming amount of online content,” Rahil Chatterjee, Senior Associate at Ikigai Law, told The Secretariat.

The Bill also defined other words like ‘Programme,’ ‘OTT Broadcasting Services,’ ‘Person,’ ‘Curation,’ ‘Systematic Activity,’ ‘News and current affairs programmes,’ etc which were earlier defined vaguely.

Chatterjee says, “It was not clearly stated (in the scrapped Bill) who’s being regulated and who’s not. The Bill also opens content creators up to selective application of penal provisions of the law at a later stage.” 

There is hope among the critics of the Bill that the new avatar will be clearer and create fewer doubts in the minds of digital creators.

“I don’t think anybody would feel safe speaking openly if there is the threat of being doxxed,” Satshya Tharien, a content creator who has over 734k followers on YouTube and 392k followers on Instagram, told The Secretariat.

The redacted Bill also asked content creators to form a Content Evaluation Committee (CEC) at their own expense, and give details of the said committee to the government. 

Failure to form this committee would invite heavy financial penalties, the Bill had proposed–Rs 50 lakh for the first violation and Rs 2.5 crore for subsequent violations within three years.

“It (CEC) would have been like a private censor board within an entity,” said Chatterjee. He further explained that a content creator, for instance an individual who creates cooking videos regularly as a “systematic activity,” would also have to have all their videos certified by the CEC.

What’s Next For The Bill?

The MIB announced on X that a revised draft bill may be issued after October 15, 2024, following ongoing consultations with stakeholders. Additional time is provided for comments until then.

But some reports quoting government officials are now saying that there is no need for such a law and regulations are already in place to oversee social media websites. 

“The internet seems to be one of the last few places where one can speak freely, and if even that is taken away, that would be very disheartening,” added Tharien.

Whether we will get an amended Bill or no Bill at all is the question. The outcome remains uncertain, leaving stakeholders and the public to speculate on the next steps.