From Posts to protocol: New Broadcasting Bill might reclassify news Influencers or YouTubers as news broadcasters in India

Influencers on Instagram or famous Youtubers who are making and uploading videos, podcasts or even written content about current affairs or any other news online might be classified as ‘digital news broadcaster’ under the Broadcasting Services (Regulation) Bill, 2024.

This new bill seeks to replace the Television Network Act of 1995, according to Hindustan Times.

YouTubers, Instagrammers, and other digital creators with a user base above a set limit will be required to notify the Indian government of their presence within one month of the Bill's enactment. They must also register under a three-tier regulatory framework that was previously applicable to streaming services such as Amazon Prime Video, Netflix, and Disney+ Hotstar.

They will also be required to establish a content evaluation committee at their own expense to review all content prior to publication. Social media companies that fail to provide user information to the government will be subject to criminal liability. Accounts that share news must inform the government of their details within one month of the Bill’s notification and adhere to the three-tier regulatory structure, regardless of the platform used or follower count.

When the Bill was initially released for public consultation in November 2023, it aimed to consolidate all regulations for broadcasters under a single law. From the outset, there were concerns regarding whether online news content creators not affiliated with traditional media or registered digital media would be subject to the same obligations as streaming platforms (referred to as "OTT broadcasting services"). The 2024 version seeks to address this by introducing a new category called digital news broadcasters.

This updated draft aims to clarify the ambiguity of the first version by defining “professional” as someone engaged in an occupation or vocation, and “systematic activity” as any structured or organised undertaking that entails planning, method, continuity, or persistence.

Additionally, the new version expands the definition of “news and current affairs programmes” to include “texts,” alongside 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 network. Furthermore, the definitions of ‘programme’ and ‘broadcasting’ have been revised to encompass “texts” and “textual programmes,” respectively.

In essence, this bill covers all online news and news-related content—including videos, commentary on social media, websites, newsletters, and podcasts.

It is important to note that the bill is still in the public feedback stage, and all proposed changes will need to be approved by the Union Cabinet before being presented in Parliament. Other details about the bill are yet to come.