The Information & Broadcasting Ministry is proposing to bring in the Broadcasting Services (Regulation) Bill that will provide for a consolidated framework to regulate broadcasting services including DTH, OTT and digital news platforms. The proposed draft Bill, which has been released for public consultation, aims to replace the Cable TV Networks (Regulations) Act 1995 and other policy guidelines that govern this sector.
The draft bill also provides for content evaluation committees with independent members, more participative Broadcast Advisory Council for self-regulation, differentiated approach for program and advertisement codes and statutory penalties, among others.
‘Pivotal legislation’
Information & Broadcasting Minister, Anurag Thakur, tweeted that the draft Bill is a “pivotal legislation” that will modernise the broadcasting sector’s regulatory framework, replacing outdated Acts, Rules, and Guidelines with “a unified, future-focused approach.” He added that it adapts to the “dynamic world” of OTT, digital media, DTH, IPTV and other emerging technologies. Thakur also stated that the bill also caters to the Divyangjan community with comprehensive accessibility guidelines.
The draft Bill has introduced contemporary and statutory definitions for terms such as broadcasting, broadcasting services and broadcasting network operators among others. For instance, broadcasting network operators include local cable operators, DTH operators, MSOs, OTT platforms, radio broadcasting, IPTV and terrestrial broadcasting network operators. The Bill “extends its regulatory purview to encompass broadcasting over-the-top (OTT) content and digital news and current affairs currently regulated through IT Act, 2000 and regulations made there under,” the official statement added.
Self-regulation
To enhance self-regulation, the draft Bill has provisions that will make it mandatory for broadcasters or broadcasting network operators to have Content Evaluation Committees for self-certification and have independent eminent members from various social groups. I&B Ministry Secretary Apurva Chandra said the Bill has proposed the introduction of a “broader and more participative” Broadcast Advisory Council which will have both independent experts and government representatives. The Council will make recommendations to the government with regards to content violation complaints and seeks to replace the existing Inter-Departmental Committee mechanism.
The draft Bill also “allows for a differentiated approach” to Programme and Advertisement Codes across various services such as linear content and on-demand content. It also requires self-classification of content by broadcasters and robust access control measures for restricted content, an official statement added.
The draft Bill also proposes statutory penalties including advisory, warning, censure, or monetary penalties, for operators and broadcasters. “Provision for imprisonment and/or fines remains, but only for very serious offences, ensuring a balanced approach to regulation,” the statement added. Chandra pointed out that to ensure fairness, the draft Bill proposes monetary penalties linked to investment and turnover of the entity.
The bill also includes provisions for infrastructure sharing among broadcasting network operator, carriage of platform services among others.
Aslam Ahmed, Partner, Singhania & Co said, “The government’s initiative to have one single unified and compendious law is a welcome step as it will lead to ease of business and appropriate regulation as one law will serve as one stop legislation for a verification by all for compliance or enforcement.”
Published on November 10, 2023
