The Broadcasting Services (Regulation) Bill 2023 proposed by the Ministry of Information and Broadcasting to bring a consolidated regulatory framework for the entire broadcasting sector, including OTT, will bring a level playing field across media and create a balance in monitoring content on both linear and digital platforms, say industry experts.
With the new proposed bill, the government aims to replace the existing Cable Television Networks (Regulation) Act 1995 or any other policy guidelines currently governing the broadcasting sector in the country.
Speaking to exchange4media, Digital Strategy Consultant and former Business Head of SonyLIV, Uday Sodhi, said, as technology evolves, it's important to update the regulatory framework for industries that are tech-driven.
“The IT act of 2000 needs updates in terms of data protection, customer protection, AI, social media, payments and OTT platforms. As media convergence happens, it's important to have a level playing field and regulations across media. Change will bring some pain but it will help develop the environment and make it safer for consumers,” he said.
Sharing a similar view, Peeush Mahajan, President of All India Digital Cable Federation (AIDCF), said that one consolidated framework to regulate the whole broadcasting sector will bring parity within the content industry but he also called for the inclusion of Free Dish in the Bill.
“The same will be beneficial for the overall industry, as it will bring parity within the content industry which is serving the same customer. However, in the present draft bill, Free Dish is excluded from the definition of broadcasting network operators, which we believe should also be included. In addition to this, the detailed comments will be shared in due time,” he said.
According to Karan Taurani, Senior Vice President-Reasearch Analyst, Elara Capital, since OTT is not regulated, the proposed bill could relax the regulatory angle on the linear TV side.
“Some kind of a balancing act has to happen. Whether it could be in terms of the nature of the content being shown or in terms of filtration of content because, at one end, you've got no filtration on OTT on the other end, you've got pure blanket censorship on the linear TV side, so some balancing has to happen there,” he said.
On the draft bill seeking to replace the Cable TV Networks Act 1995, AIDCF’s Mahajan said the proposed bill seems more evolved than the existing Act.
“The bill has proposed the self-regulatory organizations of broadcasters and broadcasting network operators and also a ‘broadcast advisory council’ to ensure compliance to programme code and advertisement code. This will bring more self-responsibility to the broadcasters and broadcast network operators for curation and transmission of the content.
“The draft bill has captured the majority of its essence from the Cable TV Network Act, and therefore it seems to be more evolved from the Cable TV Act,” he said.
The bill also calls for a punishment against violators which includes monetary penalties apart from warnings. It seeks to provide for a Content Evaluation Committee and a Broadcast Advisory Council for self-regulation and advertisement code for different broadcasting network operators and statutory penalties.
On this aspect, experts said that this will bring more “self-responsibility” on the broadcasters and Broadcast Network Operators, which will eventually help to curtail obscene content.
The new Bill strengthens self-regulation and also introduces contemporary definitions and provisions for emerging technologies.
The Bill streamlines regulatory processes, extends its purview to cover OTT content and digital news, and introduces contemporary definitions and provisions for emerging technologies. It seeks to provide for a ‘Content Evaluation Committees’ and a ‘Broadcast Advisory Council’ for self-regulation, different program and advertisement codes for different Broadcasting Network Operators, accessibility measures for persons with disabilities, and statutory penalties, etc.
The broadcasting regulation extends to licensing (the registration, approval and market entry of broadcasters/distributors), content (content standards such as in the Programme Code and enforcement of the same), carriage (regulations about the manner of carrying content, such as interconnection, must-carry requirements, tariffs etc) and institutional framework (the governing bodies which administer rules/regulations).
Key highlights of the bill are:
- Consolidation and Modernisation: It addresses the 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.
- 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.
- 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’.
- 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.
- 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.
- 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 offenses, ensuring a balanced approach to regulation.
- 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.
- 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.
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