From Posts to Protocol: New Bill May Redefine Influencers and Youtubers as News Broadcaster

The influencers on Instagram or well-known Youtubers who create and share videos, podcasts, or written content about current affairs or news online could be categorized as ‘digital news broadcasters’ under the Broadcasting Services (regulation) Bill, 2024. This new bill aims to replace the Television Network Act of 1995.

Youtubers, Instagrammers, and other digital creators with a user base above a specified threshold will need to notify the Indian government within one month of the bill’s enactment. They must also register under a three-tier regulatory framework previously applied to streaming services like Amazon Prime Video, Netflix, and Disney+ Hotstar.

They will also need to set up a content assessment committee at their own cost to review all the content before publication. Social media companies that do not provide user information to the government will face criminal responsibility. Accounts that distribute news must reveal their details to the government within one month of the Bill's notification and comply with the three-tier regulatory framework, regardless of the platform or follower count.      

When the Bill was first released for public consultation in November 2023, it aimed to unify all broadcasting regulation under a single law. First of all, there were concerns about whether online news content creators not affiliated with traditional media or registered digital platforms would face the same obligations as streaming services (Known as “OTT broadcasting services”). The 2024 version of the Bill addresses this by introducing a new category called digital news broadcasters.

The updated draft seeks to clarify the ambiguities of the initial version by defining “professional” as someone engaged in a particular occupation or vocation and “systematic activity” as any organized effort requiring planning, method, continuity, or persistence. 

Moreover, the revised drafts broadens the definition of “news and current affairs programmes” to include “texts” in addition to the existing categories of  “audio, visual, or audio-visual content, signs, signals, writing, and images,” all of which can be transmitted directly or through a broadcasting networks. The definitions of ‘programme’ and ‘broadcasting’ have also been updated to include “texts” and “textual programmes”, respectively. 

In summary, the bill now encompasses all forms of online news and news-related content, including videos, social media commentary, websites,newsletters, and podcasts.  

It’s important to note that the bill is still in the public feedback phase, and all proposed changes must be approved by the Union Cabinet before being introduced in Parliament. Further details about the bill are yet to be revealed.