URCA proposes expanding content regulation to digital and social media in revised code

NASSAU, BAHAMAS — The Utilities Regulation & Competition Authority (URCA) has released a consultation document proposing revisions to the Code of Practice for Content Regulation, including extending its applicability to broadcast licensees’ digital and social media platforms.

These amendments aim to modernize and enhance broadcasting standards in The Bahamas

According to the regulator, the revised Code addresses several key areas, including definitions and interpretations, operational and technical rules, harm and offense regulations, and the protection of young persons.

A notable aspect of the consultation is the proposed extension of the Code’s applicability to broadcast licensees’ digital and social media platforms, ensuring consistent content regulation across all media. While the Code does not set out specific aspects regarding regulating digital or online content, it does provide that its framework for content regulation must be applied to digital and/or online platforms operated by broadcast licensees.

The Code does not comprehensively cover all aspects of digital or online content regulation, nor does it apply in any way to content produced by individuals or organizations who are not URCA-licensed broadcasters.

URCA noted: “Social media’s advent has positively and negatively impacted traditional broadcast media in The Bahamas. On the one hand, social media has enabled individuals to become active participants in the media landscape and has given them a platform to share their views and opinions. This has increased diversity and represented a more comprehensive range of perspectives. Additionally, social media has allowed for more rapid and widespread dissemination of news and information, breaking down the barriers that once existed between the media and its audience.”

It added: “On the other hand, the rise of social media has disrupted the traditional business model of Bahamian broadcast media, which has struggled to adapt to the new reality. The decentralized and user-focused nature of social media has led to a decline in the influence of traditional media platforms, which now must adapt and compete on an array of alternative platforms while maintaining their traditional broadcast network infrastructures. This has significantly influenced cost-cutting, downsizing, and concerns over the quality and integrity of information being shared on social media and the potential for misinformation and propaganda to spread quickly and easily.

“Overall, social media has significantly impacted the converged media sector. While the positive and negative aspects of this impact are still being debated, the rise of social media has fundamentally changed how we consume and engage with media. Ultimately, separate legislative action, regulations, revisions and more detailed amendments to the Code could soon be proposed concurrently and informed by a robust, sustained multi-agency approach. This multi-agency approach is crucial as it ensures that all aspects and perspectives are considered in the decision-making process.”

According to the regulator, URCA considers imposing traditional regulatory standards on digital content shared by licensed conventional broadcasters in The Bahamas to be fair and necessary for several reasons.

“Traditional regulatory standards are designed to protect consumers, uphold ethical standards, and maintain public trust in the media. These standards have been developed to address traditional broadcasters’ unique challenges and responsibilities in delivering content to the public. Applying these standards to digital content shared by licensed traditional broadcasters helps maintain consistency and accountability across platforms operated by licensees.”

Other proposed changes include updating language related to sensitive issues like incest and sexual abuse, revising “election silence” rules to allow political discussions on polling days, refining rules around gaming advertising and substances like alcohol and tobacco, and introducing guidelines for synthetic media created by artificial intelligence. The revisions also propose updated technical standards, retention requirements for broadcast recordings, and improvements in emergency announcements for better accessibility.

The consultation period is open until 20 September 2024.

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