Editorial

Source - The Hindu

Introduction

Recently, the Ministry of Information and Broadcasting has released the draft on Broadcasting Services (Regulation) Bill, 2023 and has invited comments on it for a period of 30 days. This bill provides for the consolidation of the legal framework for the broadcasting sector and extends it to the Over-the-Top (OTT) content and digital news and current affairs as well.

What is Broadcasting Services (Regulation) Bill, 2023?

• This Bill provides for a consolidated framework to regulate the broadcasting services in the country and seeks to replace the existing Cable Television Networks (Regulation) Act, 1995 and other Policy Guidelines currently governing the broadcasting sector in the country.
• The Bill streamlines regulatory processes, extends its purview to cover the Over-the-Top (OTT) content and digital news, and introduces contemporary definitions and provisions for emerging technologies.
• The Bill comprises of 6 chapters, 48 sections and 3 Schedules.

What is the Need of the Broadcasting Services (Regulation) Bill, 2023?

• This Bill was introduced in keeping with the Prime Minister’s vision for ease of doing business and ease of living.
• With the digitization of the broadcasting sector, especially in cable TV, there is a growing need to streamline the regulatory framework.

What are the Highlights of the Broadcasting Services (Regulation) Bill, 2023?

• It addresses a long-standing need to consolidate and update the regulatory provisions for various broadcasting services under a single legislative framework. This move streamlines the regulatory process, making it more efficient and contemporary.
• It extends its regulatory purview to encompass broadcasting OTT content and digital news and current affairs currently regulated through the Information Technology Act, 2000 and regulations made there under.
• To keep pace with the evolving technologies and services, the bill introduces comprehensive definitions for contemporary broadcasting terms and incorporates provisions for emerging broadcasting technologies.
• It seeks to provide for Content Evaluation Committees and a Broadcast Advisory Council for self-regulation, different programmes and advertisement code for different broadcasting network operators, accessibility measures for persons with disabilities, and statutory penalties, etc.
• The Broadcast Advisory Council would have one eminent independent person with at least 25 years of experience in the media, entertainment, broadcasting or other relevant fields as its chairperson.
• It allows for a differentiated approach to programme and advertisement codes across various services and requires self-classification by broadcasters and robust access control measures for restricted content.
• This bill states that monetary penalties and fines are linked to the financial capacity of the entity, taking into account their investment and turnover to ensure fairness and equity.
• The bill addresses the specific needs of persons with disabilities by providing for enabling provisions for the issue of comprehensive accessibility guidelines.
• It also includes provisions for infrastructure sharing among broadcasting network operators and carriage of platform services.
• It also streamlines the Right of Way section to address relocation and alterations more efficiently and establishes a structured dispute resolution mechanism.

Conclusion

With this Bill, new era of transparency, self-regulation, and future-ready broadcasting services in the country can be achieved as this legislation modernizes our broadcasting sector's regulatory framework, replacing outdated acts, rules, and guidelines with a unified, future-focused approach.