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.
Government’s Objectives and Concerns Raised
- 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.
Specifics of the Draft Bill
- 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.
Self-Regulation and Government Oversight
- 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, Seizure, and Penalties
- 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.
Concerns and Critiques
- 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.
Conclusion
- 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.
