New bill to recast broadcasting sector

Meant to replace existing Cable Television Networks (Regulation) Act & other regulations
New bill to recast broadcasting sector

NEW DELHI: The Broadcasting Services (Regulation) Bill 2023, proposed by the Ministry of Information and Broadcasting (I&B), outlines a robust self-regulation mechanism to monitor obscene and vulgar content. Hefty penalties are set for violations, and programmes are expected to self-classify. This bill aims to regulate the entire broadcasting sector, encompassing Over-the-Top (OTT), Direct-to-Home, Internet Protocol Television, and digital platforms.

The ministry stated that the bill streamlines regulatory processes, extends its scope to cover OTT content and digital news, and introduces contemporary definitions and provisions for emerging technologies. Upon promulgation, it will supersede the Cable Television Networks (Regulation) Act, becoming the primary legislation overseeing content on linear broadcasting, including cable networks, and replacing existing policy guidelines.

The bill focuses on strict compliance with the Programme Code and Advertisement Code by broadcasters and distribution platform operators. The Act mandates the establishment of a Content Evaluation Committee comprising eminent individuals, to certify programmes for airing. Only certified programmes will be allowed on air, with exceptions for certain content categories like sports, kids and wildlife.

Broadcasters will nominate grievance redressal officers to handle content-related complaints. The bill also introduces a Broadcast Advisory Council to handle appeals against decisions made by the grievance redressal officer or CEC. The 11-member council will include an eminent independent individual with 25 years of experience in the sector as its chairperson. 

The Bill also says the Central government or an agency authorised by it will have the right to inspect broadcasting networks and services after giving a reasonable notice. The Centre or its agency will have the power to confiscate equipment if it is found that the rules are being contravened.

Key Highlights

  •  Consolidates and updates regulatory provisions under a single legislative framework. Extends purview to broadcasting OTT content, digital news and current affairs, now regulated through IT Act, 2000
  •  Introduces new definition for contemporary terms, provisions for emerging tech
  •  Introduces ‘content evaluation committees’. ‘Inter-departmental committee’ to be turned into a broader ‘broadcast advisory council’.
  •  Allows differentiated approach to programme and advertisement codes. Mandates self-classification by broadcasters, and robust access control measures for restricted content
  •  Comprehensive accessibility guidelines to address the specific needs of persons with disabilities 
  •  Statutory penalties such as advisory, warning, censure or monetary penalties for operators and broadcasters. Provision for imprisonment and fines for very serious offenses
  •  Monetary penalties and fines are linked to the financial capacity of the entity, considering investment and turnover
  •  Provisions for infra-sharing among network operators. Streamlines the Right of Way section to make address relocation and alterations more efficient. 

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The New Indian Express
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