BROADCASTING (REGULATION) SERVICES BILL

1. Context

The Information & Broadcasting Ministry has recently introduced the draft Broadcasting Services (Regulation) Bill, 2023, marking a significant step towards streamlining and modernizing the regulatory framework for India's broadcasting sector. This comprehensive legislation aims to establish a unified legal structure that encompasses traditional broadcasting services, OTT content, digital news, and current affairs.

2. Key Features of the Bill

•  The Bill consolidates various broadcasting services under a single legislative framework, replacing the outdated Cable Television Networks (Regulation) Act of 1995 and other existing policy guidelines.
• The Bill extends its regulatory purview to cover OTT content, digital news, and current affairs, which were previously governed by the IT Act, 2000. This move reflects the evolving nature of the media landscape and the need for a unified regulatory approach.
• The Bill acknowledges the rapid advancements in broadcasting technologies and includes provisions to address the regulatory requirements of emerging platforms and services.
• The Bill provides clear and comprehensive definitions for contemporary broadcasting terms, ensuring a common understanding and consistent application of regulatory guidelines.
• The Bill introduces 'Content Evaluation Committees' for self-regulation by broadcasters and establishes a 'Broadcast Advisory Council' to advise the central government on program code and advertisement code violations.
• The Bill outlines a range of statutory penalties, including advisory notices, warnings, censure, and monetary penalties, for violations of regulatory norms. In exceptional cases, imprisonment or fines may be imposed for severe offences.
• The Bill promotes inclusivity by mandating the use of subtitles, audio descriptors, and sign language to make broadcasting services accessible to persons with disabilities. It also includes a provision for appointing a 'Disability Grievance Officer' to address accessibility concerns.
• The Bill encourages infrastructure sharing among broadcasting network operators and streamlines the 'Right of Way' process to facilitate efficient relocation and alterations of broadcasting infrastructure.
• The Bill establishes a structured dispute resolution mechanism to address conflicts arising from regulatory actions or disagreements between stakeholders.

3. The way forward

The Broadcasting Services (Regulation) Bill, 2023 represents a significant step forward in modernizing and consolidating the regulatory framework for India's broadcasting sector. By encompassing traditional and emerging broadcasting platforms, promoting self-regulation, and ensuring accessibility, the Bill aims to create a vibrant and inclusive broadcasting ecosystem that fosters innovation and serves the diverse needs of Indian audiences.