Central Idea

The Centre’s new draft Broadcasting Services (Regulation) Bill, 2023, aims to revamp the regulatory framework for the broadcasting sector in India.
The Bill extends regulatory oversight from conventional television services to OTT platforms, digital content, and emerging technologies.

Key Provisions of the Draft Bill

Single Legal Framework: The Bill seeks to establish a unified legal structure for various broadcasting services, replacing the three-decade-old Cable Television Networks (Regulation) Act.
Mandatory Registration and Self-Regulation: It introduces mandatory registration for broadcasting services, the creation of content evaluation committees for self-regulation, and establishment of programme and advertisement codes.
Three-Tier Regulatory Mechanism: The Bill proposes a three-tier regulatory structure, including self-regulation by broadcasters, self-regulatory organizations, and a Broadcast Advisory Council.

Ease of Doing Business: The government claims the Bill will enhance ease of doing business and update the regulatory framework to match the sector’s evolving needs.
Freedom of Speech Concerns: However, there are apprehensions about potential censorship and infringement on freedom of speech, especially for digital media.

Intimation of Operations: The Bill requires formal registration or intimation to the government for broadcasting services, with exceptions for entities like Prasar Bharati.
Modern Broadcasting Definitions: It includes definitions for broadcasting, broadcasting networks, and network operators, encompassing internet broadcasting networks like IPTV and OTT services.
Content Quality and Accessibility: Broadcasters must adhere to yet-to-be-defined Programme and Advertisement Codes and classify their content for viewer discretion. The Bill also emphasizes accessibility for persons with disabilities.

Content Evaluation Committees: Broadcasters must establish committees with diverse representation for content certification, except for shows exempted by the government.
Broadcast Advisory Council: An advisory council will oversee regulation implementation, with the power to make recommendations to the government.

Inspection Rights: The Centre and authorized officers can inspect broadcasting networks and services, raising concerns about government overreach.
Penalties for Non-Compliance: The Bill includes penalties like removal of shows, apologies, off-air periods, or cancellation of registration for non-compliance.

Digital Rights and Free Speech: Organizations like the Internet Freedom Foundation express concerns about the Bill’s impact on online free speech and creative expression.
Ambiguity and Rule-Making: The Bill’s numerous instances of “as may be prescribed” or “as notified by the Government” create uncertainty for stakeholders.
Impact on Digital Platforms: Experts highlight the need for careful consideration of the Bill’s impact on online content creators and the digital space’s dynamism.

The bill, represents a significant shift in India’s broadcasting sector regulation, aiming to encompass modern digital platforms while raising critical questions about content regulation, freedom of expression, and government oversight.