A new draft framework for the broadcasting and media sector, five years in the making, is now open for public comment.
The department of communications & digital technologies on Friday gazetted the Draft White Paper on audio and audio-visual media services (AAVMS) and online safety for public comment by 10 August.
In place of the traditional term broadcasting services, the new framework introduces audio and audiovisual content services (AAVCS), bringing everything from YouTube channels and social media to global streaming platforms like Netflix under a single regulatory umbrella.
This is the third version of the document, with the first and second editions published in 2020 and 2023, respectively. The communications department citied recent changes in the broadcasting landscape as a driver requiring a third version of the white paper. The department has also been keeping a watchful eye on legislative developments in other markets, including the EU, and has used findings from legislative processes there to inform changes to the latest version of the document.
Industry representatives call the Draft White Paper the most significant media reform in the last two decades.
“It is not just broadcasters that need to pay attention. These changes affect influencers, podcasters, publishers, and brands alike, especially as the lines blur between content and media,”
said Joe Hamman, director at Novus Group, a media analytics firm.
The proposed legislation introduces a tiered licensing system, with individual licences for large players and class licences for smaller services based on revenue.
It also raises the foreign ownership limit in broadcasting from 20% to 49%, allows for cross-media consolidation, and maintains local content quotas even for on-demand platforms.
The White Paper promises greater accountability across all content platforms, stronger enforcement of child safety, and better discoverability of public-interest content.
Government’s recent legal win against Meta* over abusive WhatsApp messages shows just how seriously the online safety angle is being taken.
However, experts have concerns. In particular, there is a risk that regulation will lag behind technological developments. According to Joe Hamman, applying old rules to new platforms too rigidly could stifle the innovation that the market so desperately needs.
He also stressed that there remain unresolved issues regarding regulation of algorithms and possible disproportionate compliance burdens for smaller creators, like local podcasters or digital magazines.
Following the incorporation of public comment, the communications department plans to have the white paper adopted in final form as policy. This will be followed by amendments to the Electronic Communications Act and any other legislations to “address issues that are urgent, such as ownership and control”.
Following that, communications regulator Icasa will reform outdated regulations, introduce new regulations and determine if any new laws or amendments to existing laws are required.
The final stage will be the drafting of an overarching bill, accompanied by the repealing of sections of lower legislation that are meant to be covered by the bill – and eventual act of parliament. The communications department said it expects the final stage alone will take at least two years to complete, underscoring the complexity and scale of the legislative reform that is being undertaken.
*banned and designated as extremist in Russia
Sources: Bizcommunity, Tech Central
