Draft broadcasting bill: Public feedback deadline extended to Jan 15

The proposed 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.

Stakeholders will now get more time to discuss and debate the Broadcasting Services (Regulation) Bill, 2023. In response to the representations received from the stakeholders, the Ministry of Information and Broadcasting has decided to extend the deadline for furnishing suggestions/feedback/comments/inputs/views by any person/stakeholders on the draft bill. The new deadline is January 15, 2024.

The initial deadline for feedback submission was December 9, 2023.

The Bill is an attempt to provide 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 proposed 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. It seeks to provide for Content Evaluation Committees and a Broadcast Advisory Council for self-regulation, different program and advertisement code for different Broadcasting Network Operators, Accessibility measures for persons with disabilities, and statutory penalties, etc.

The Bill comprises six Chapters, 48 sections and three schedules.

Key Highlights:

1. Consolidation and modernisation: It addresses a long standing need of consolidating and updating 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 over-the-top (OTT) content and digital news and current affairs currently regulated through IT Act, 2000 and regulations made there under.

2. Contemporary definitions and future-ready provisions: 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.

3. Strengthens the self regulation regime: It enhances self-regulation with the introduction of ‘Content evaluation committees’ and evolves the existing Inter-Departmental Committee into a more participative and broader ‘Broadcast Advisory Council’.

4. Differentiated programme code and advertisement code: 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.

5. Accessibility for persons with disabilities: The bill addresses the specific needs of persons with disabilities by providing for enabling provisions for issue of comprehensive accessibility guidelines.

6. Statutory penalties and fines: The draft Bill introduces statutory penalties such as: advisory, warning, censure, or monetary penalties, for operators and broadcasters. Provision for imprisonment and/or fines remains, but only for very serious offences, ensuring a balanced approach to regulation.

7. Equitable penalties: 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.

8. Infrastructure sharing, platform services and right of way: The bill also includes provisions for infrastructure sharing among broadcasting network operators and carriage of platform services. Further, it streamlines the Right of Way section to address relocation and alterations more efficiently, and establishes a structured dispute resolution mechanism.

The Ministry of Information and Broadcasting is committed to ushering in a new era of transparency, Self Regulation, and future-ready broadcasting services in the country with the Draft Broadcasting Services (Regulation) Bill, 2023.