Broadcasting Services (Regulation) Bill

The Broadcasting Services (Regulation) Bill, 2023, is a proposed legislative framework by the Indian government aimed at overhauling the regulation of broadcasting services in the country. It seeks to replace the existing Cable Television Networks (Regulation) Act of 1995 to address the significant technological advancements and the emergence of new platforms such as Direct-to-Home (DTH), Internet Protocol Television (IPTV), and Over-the-Top (OTT) services. 

Key Features of the Bill:

Consolidation and Modernization: The bill aims to bring all forms of broadcasting under a single, streamlined regulatory framework, extending its purview to encompass OTT content and digital news, which are currently regulated through the Information Technology Act, 2000. 

Establishment of Regulatory Bodies: It proposes the creation of the Broadcasting Authority of India (BAI) to oversee the implementation of the bill and regulations. Additionally, 'Content Evaluation Committees' and a 'Broadcast Advisory Council' are introduced to enhance self-regulation within the industry. 

Differentiated Programme and Advertisement Codes: The bill allows for a differentiated approach to Programme and Advertisement Codes across various services, requiring self-classification by broadcasters and robust access control measures for restricted content. 

Accessibility Measures: Provisions are included to address the specific needs of persons with disabilities by enabling comprehensive accessibility guidelines. 

Statutory Penalties and Fines: The bill introduces a range of penalties, including advisories, warnings, censures, and monetary fines, linked to the financial capacity of the entity, ensuring fairness and equity. Imprisonment and/or fines are reserved for very serious offenses. 

Controversies and Criticisms:

The bill has faced significant criticism from various stakeholders:

Freedom of Speech Concerns: Critics argue that the bill poses a direct threat to freedom of speech and the independence of the press. The Congress party spokesperson, Pawan Khera, stated that increased government control over content creators, from social media influencers to independent news outlets, threatens press independence and restricts free speech. 

Opaque Drafting Process: The drafting process has been criticized for lacking transparency and inclusivity, with limited consultation involving civil society, journalists, and key stakeholders. The Committee to Protect Journalists expressed concerns over the opacity surrounding the proposed law and its enactment process, urging the Indian authorities to ensure the bill does not lead to online censorship. 

Potential for Censorship: There are fears that the bill could lead to increased censorship, with provisions that may allow the government to exert sweeping powers to control online content. The Committee to Protect Journalists highlighted concerns that the bill could have a chilling effect on press freedom. 

Current Status:

As of December 2023, the draft bill is open for public consultation. The Ministry of Information and Broadcasting has invited feedback from a wide range of stakeholders, including domain experts, broadcasting service providers, and the general public. Comments can be submitted via email to jsb-moib@gov.in within 30 days from the date of the press release. 

The outcome of this consultation process and any subsequent revisions to the bill will determine its future trajectory and impact on India's broadcasting landscape.