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UGC on Social Media May Fall Under New Broadcast Services Bill.

The new Broadcasting Services Bill may soon regulate UGC by professional creators on social media, updating oversight and registration requirements.
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New Delhi: The government is actively considering a significant regulatory shift that would bring User Generated Content (UGC) from professional creators on social media platforms under the purview of the proposed Broadcasting Services Bill. This move is part of a broader effort to modernize and streamline the oversight of digital content.

The Ministry of Information and Broadcasting (MIB) has put forward the Broadcasting Services (Regulation) Act, 2023, aiming to replace the outdated Cable Television Networks (Regulation) Act, 1995. The new bill is designed to address contemporary challenges, including those posed by Over-the-Top (OTT) content and digital news, by introducing updated definitions and regulatory measures for emerging technologies.

Key features of the proposed bill include the establishment of Content Evaluation Committees and a Broadcast Advisory Council, along with updated program and advertisement codes. The bill also proposes measures to enhance accessibility for disabled individuals and outlines specific legal consequences for non-compliance.

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Industry insiders have revealed that the government is considering extending the bill’s reach to encompass UGC created by professional influencers on platforms like YouTube, Instagram, and TikTok. Presently, the Ministry of Electronics and Information Technology (MeitY) regulates content on social media according to existing IT Rules. However, if the Broadcasting Services Bill is enacted, such content would fall under the joint supervision of both the MIB and MeitY.

This potential regulatory change introduces several questions, particularly regarding the definition of ‘professional creators’ and the responsibilities of major platforms like Google and Meta in this new framework. The proposal could have widespread implications, potentially requiring millions of creators to register under the Broadcasting Services (Regulation) Act, thus significantly altering the landscape of content creation and distribution on social media.

The draft bill is currently under consideration, and its approval would mark a notable shift in the regulatory environment for digital content in India. As the government continues to fine-tune the specifics, stakeholders across the digital ecosystem are closely monitoring developments, given the potential impact on the operations and obligations of content creators and platforms alike.

This regulatory overhaul aims to bring more clarity and control to the fast-evolving digital content space, ensuring that modern technologies and platforms are adequately regulated to protect consumer interests while promoting responsible content creation and distribution.

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