On November 10, 2023, the Ministry of Information and Broadcasting (MIB) unveiled the preliminary draft of the Broadcasting Services (Regulation) Bill, 2023. This proposed legislation is poised to redefine the regulatory landscape governing the broadcasting industry in India, signaling a departure from the lengthy Cable Television Networks (Regulation) Act, 1995. The Bill ambitiously aims to amalgamate existing regulatory standards with a comprehensive framework, embracing the dynamic nature of the broadcasting sector, including the emergence of Over-The-Top (OTT) platforms.

Key Features of the Bill:

1. Content Regulating Committee (CEC):

• The Bill introduces a self-regulatory mechanism, CEC, in Section 24(2).
• CEC comprises eminent individuals representing diverse social groups, ensuring inclusivity.
• Empowers the Central Government to prescribe details, such as the number of members and quorum.
• CEC facilitates self-certification by broadcasters, aiming for a streamlined content evaluation process.

Concerns: Some stakeholders express concerns about CEC resembling a censor board, raising questions about applying traditional television regulations to OTT platforms.

2. Power to Inspect and Penalize under Chapter V:

• Chapter V grants the Central Government inspection rights for broadcasting networks.
• Authorities can impose penalties ranging from advisories to imprisonment, with fines linked to financial capacity.

Concerns: Tying penalties to financial capacity may raise equity concerns, lacking a clear review mechanism or proportionality principle.

3. The Broadcast Advisory Council (BAC):

• Sections 27 and 28 establish BAC, comprising a Chairperson with media experience, ex-officio members, and government-nominated independent members.
• BAC addresses complaints on Program Code or Advertisement Code violations, making recommendations to the Central Government.

Concerns: Composition of BAC, with government officials and nominated members, raises concerns about regulatory capture and compromises its independence.

4. Accessibility to Individuals with Disabilities:

• Section 23 focuses on promoting accessibility for persons with disabilities in broadcasting services.
• Empowers the MIB to enforce guidelines for operators to enhance accessibility through subtitles, audio descriptions, and sign language.

Concerns: None identified, as this provision aligns with the broader goal of inclusivity and diversity in broadcasting services.

Concerning Gray Areas:

1. Self-Certification by CEC:

• While CEC streamlines the certification process, concerns arise about potential impacts on creative freedom for TV broadcasters and OTT players.

2. Coexistence with Other Laws:

• Even if enacted, the Bill coexists with other regulations like the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, creating potential complexities for online content platforms.

3. Regulation of OTT Platforms:

• The controversy surrounds the inclusion of OTT platforms and plans to regulate them similarly to traditional broadcasting services, raising questions about uniform regulations for user-selected and pushed content.

In conclusion, the Broadcasting Services (Regulation) Bill, 2023, represents a significant shift in India’s broadcasting regulatory landscape. While introducing commendable provisions for self-regulation, accessibility, and content evaluation, it also sparks debates around creative freedom, coexistence with other laws, and the unique challenges posed by regulating OTT platforms. As the nation evolves, careful examination and thoughtful adjustments will be crucial to strike the right balance in this dynamic and diverse sector.