Source: Hindustan Times

Introduction

The Ministry of Information and Broadcasting has issued an invitation for feedback on the Broadcasting Services (Regulation) Bill, 2023 on 10^th November 2023. The emergence of new platforms like Direct to Home (DTH), Internet Protocol Television (IPTV), and Over-the-Top (OTT), alongside integrated models, has prompted the need for a more cohesive regulatory framework, particularly in the digitized cable TV sector. The most important and debatable part of this draft bill of 2023 is its application of OTT services along with definition of what is considered an OTT service under the draft bill.

What is the History of the Draft Bill?

• The Cable Television Networks (Regulation) Act of 1995, which has governed linear broadcasting, including cable networks, for the past thirty years, is no longer fully equipped to handle the transformations in the broadcasting landscape.

What are the Clauses Proposed to Broadcast in the Draft Bill?

• Clause 2(f): Broadcasting
  • It means one-to-many transmission of audio, visual or audio-visual programmes using a broadcasting network, intended to be received or made available for viewing, by the general public or by subscribers of the broadcasting network, as the case may be, and the expression “broadcasting services” shall be construed accordingly.
• Clause 2(g): Broadcasting Network
  • It means a system used for the transmission of programmes, including cable broadcasting networks, satellite broadcasting networks, internet broadcasting networks, radio broadcasting networks and terrestrial broadcasting networks.
• Clause 2(h): Broadcasting Network Operator
  • It means any person who operates a broadcasting network, and has been granted a registration or license or permission or who has provided an intimation as required under this Act, to provide services using a broadcasting network, and includes--
    • Local Cable Operator;
    • Multi-System Operator;
    • DTH operator;
    • Headend-In-The-Sky operator;
    • IPTV operator;
    • OTT broadcasting service operator;
    • Radio broadcasting service operator; and
    • Terrestrial broadcasting network operator
• Clause 2(i): Broadcaster
  • It means a person who provides programming services and has been provided a registration under Section 11 for uplinking or downlinking of programmes, and in relation to Radio, OTT and Terrestrial broadcasting network, means the operator of such service.
• Clause 2(q): Internet Broadcasting Network
  • It means a system for the delivery of broadcasting services and programmes using the internet, over a computer resource, or using Internet Protocol, to subscribers or viewers, and includes IPTV and OTT broadcasting services.

What are OTT Services in the Draft Bill?

• About:
  • An OTT broadcasting service in India refers to a broadcasting platform offering on-demand or live content to subscribers over the internet.

• Included Services:
  • This includes a curated catalogue of owned, licensed, or contracted programs. Accessible through non-closed networks, it may require additional hardware like set-top-boxes for non-smart TVs.
• Excluded Services:
  • Excluded are social media intermediaries, users, or entities specified by the Central Government.
• Responsibility for Compliance:
  • The responsibility for compliance lies with the content operator, not the network or internet service provider.
  • This definition ensures clarity in the regulatory framework, emphasizing the role of the service provider in meeting legal requirements under the Information Technology Act, 2000.
• Penalties:
  • For the first contravention of provision of the Act, Rules or Guidelines in relation to programme code and Advertisement code penalty is upto twenty thousand rupees.
  • For the subsequent contravention the penalty is upto one lakh rupees.

Conclusion

As the Ministry of Information and Broadcasting invites feedback on the draft bill, it is a crucial juncture for stakeholders to engage in constructive dialogue and contribute to the refinement of the regulatory framework. The emergence of new broadcasting platforms necessitates a balance between fostering innovation and ensuring responsible and accountable practices within the industry.