A Dhruv Rathee or an Abhi and Niyu—both social media influencer handles at opposite ends of the political spectrum—can be classified as digital news broadcasters, as per the unreleased version of the second draft of the Broadcasting Services (Regulation) Bill, 2024, thus bringing news influencers under the ambit of the government's regulation.

Moneycontrol has reviewed a copy of the bill. Provisions such as these have heightened concerns of censorship and infringement on freedom of speech and expression.

This is even as the government has not released the draft publicly, and has held consultations with select groups of stakeholders, drawing criticism from various others who are urging the government to release the draft in public domain.

The classification of news influencers as digital news broadcasters is one of the many such provisions in the unreleased draft, which will have a deep impact on the creator ecosystem that has been pegged to cross the $3.9 billion total turnover mark by 2030.

Let's take a look at some of these provisions in detail.

How can news influencers be categorised as digital news broadcasters?

The unreleased draft defines 'digital news broadcaster' as any entity that broadcasts news and current affairs programmes through an online paper, news portal, website, social media platform or any other medium. This can be part of any business, professional or commercial activity. The bill mentions but does not specify a minimum threshold of subscribers or viewers for qualifying to be under the ambit of the regulation.

What about creators or influencers who do not deal with news?

The draft bill will also bring a, say, travel influencer or a food influencer who has a number of subscribers or viewers "above a certain threshold" under the ambit of regulation through this legislation.

The draft categorises them as over-the-top or “OTT broadcasting service”. This, in the bill, is defined as a broadcasting service where programmes "other than news and current affairs" are made available on demand or live to users through a website or a social media platform or any other online medium.

Will news and non-news influencers have to inform the government about their operations?

Yes. The draft bill says that within a period of one month from the notification of this proposed legislation, OTT broadcasting service operators and digital news broadcasters will have to provide an intimation to the Union government about its operations.

Will creators be required to form a grievance redressal system?

Yes. The draft bill says that every broadcaster will have to "appoint a grievance redressal officer" for receiving and hearing complaints that are in contravention to the information and broadcasting (I&B) ministry's Programme and Advertisement Code.

Will creators have to be part of a self-regulatory body?

Yes. The draft bill says that a self-regulatory body has to be constituted by broadcasters, operators and networks within 90 days of the legislation coming into force. News and other influencers (above a certain threshold) will have to be part of this body.

Will influencers on YouTube or Instagram have to self-certify their content before publishing?

Again, yes. The draft bill says that a creator has to constitute "one or more Content Evaluation Committee" with various members who will certify their content, and only after this self certification can a creator publish his or her content.

What will the self-regulatory body for creators do?

This body will address grievances that have not been addressed by creators or broadcasting network operators within the prescribed time period. It will also issue guidance or advisories to its members for ensuring compliance to the Programme Code and Advertising Code. 

When can creators find themselves in front of the high-powered Broadcast Advisory Council envisaged in the draft?

The draft bill has proposed the establishment of the Broadcast Advisory Council whose members would include officials from the ministries of I&B, external affairs, social justice and empowerment, and women and child development, among others.

This council will hear complaints regarding contravention of the act once in force and of the Advertisement and Programme Code when complainants are not satisfied with the decision of a self-regulatory body.

This means that if a person has a grievance about the content of a creator, he or she can first make the appeal to the creator's grievance redressal officer. If the user is not satisfied with the decision of the redressal officer, he or she can appeal that to the self-regulatory body for creators/influencers. If the user is not satisfied with the self regulatory body's decision as well, he or she can approach the Broadcast Advisory Council.

Can the government ask social media platforms to provide information on creators and influencers?

Yes. The draft bill says that if required, a social media platform will have to provide information including that pertaining to OTT broadcasters and digital news broadcasters to the government. The government may also issue directions to social media platforms to ensure compliance of the act when it comes to OTT broadcasters and digital news broadcasters.

If social media platforms fail to comply with these directions, they will be liable to punishment under any law including provisions of the new Bharatiya Nyay Sanhita, 2023.

What are the penalties for creators who are found to be in contravention of the draft bill?

For any contravention of the act, the government may serve advisories, warnings, censure or impose monetary penalties on anyone.

What are the penalties for influencers found to be noncompliant  with the Programme and Advertisement Code?

Any broadcaster—a term that would include any sort of creator—if found to be in contravention of the Programme Code and Advertisement Code may be required to delete or modify the said programme or advertisement and comply with any advisory or warning. The government may also impose a penalty on such creators.

Can the government provide exemptions to creators?

The government will have the power to relax these provisions for OTT broadcasters and digital news broadcasters for "avoiding genuine hardships". This will only be applicable to those "who constitute any distinct class or group".