Broadcast Services Regulation Bill 2023
GS II

Navigating the Future of Broadcasting: Unpacking the Broadcast Services Regulation Bill 2023

GS ll -Government Policies and Interventions and GS lll- IT & Computers / Cyber security.

AdvaitIAS

Current News: The draft Broadcasting Services (Regulation) Bill, 2023, unveiled by the Ministry of Information & Broadcasting, seeks to establish a unified legal structure for the broadcasting industry, encompassing OTT content, digital news, and current affairs.

About The Regulation Bill:

  • Introduction of New Bill: The Ministry of Information and Broadcasting in India introduced the Broadcasting Services (Regulation) Bill, 2023, to meet the regulatory needs of the digitized broadcasting sector.

  • Challenges with Existing Framework: The Cable Television Networks (Regulation) Act from 1995 is outdated due to technological advancements and the rise of DTH, IPTV, and OTT platforms.

  • Nature of Proposed Bill: The bill is forward-thinking and flexible, shaping the future of broadcasting regulation in India.

  • Structure of the Bill: The Bill comprises six chapters, 48 sections, and three Schedules, providing comprehensive definitions for broadcasting terms.

Key Features of the Draft Broadcasting Regulation Bill, 2023:

  • Consolidation and Modernization: It aims to unify and modernize regulations for various broadcasting services. Includes OTT content and digital news, previously under the IT Act, 2000.

  • Reinforcing Self-Regulation: Introduces 'Content Evaluation Committees' and a 'Broadcast Advisory Council’ for more inclusive regulation.

  • Legally Mandated Penalties and Fines: Incorporates statutory consequences for violations, reserving imprisonment for grave offences.

  • Modern Definitions and Provisions: Adapts to evolving technologies with updated broadcasting terminology.

  • Distinct Programme and Advertisement Guidelines: Allows tailored strategies for different services, with self-classification and access control for restricted content.

  • Inclusivity for Individuals with Disabilities: Includes provisions for comprehensive accessibility guidelines.

  • Fair Penalties: Financial penalties are proportional to the entity's financial capability.

  • Infrastructure Collaboration and Right of Way: Addresses infrastructure sharing among operators and optimizes the Right of Way segment.

Advantages of the Broadcasting Services Regulations Bill 2023:

  • Consolidation and Modernization: Replaces the outdated 1995 Act with a more adaptive approach.

  • Promotion of 'Ease of Doing Business': Integrates a Dispute Resolution mechanism.

  • Furthering 'Digital India': Encourages technological advancements in broadcasting.

  • 'Right of Way' Provision: Facilitates network expansion in new cities.

  • Infrastructure Sharing Promotion: Benefits from shared infrastructure.

  • Empowerment through Self-Regulation: Establishes Content Evaluation Committees for broadcaster autonomy.

  • Promotion of 'Ease of Living': Enhances accessibility for individuals with disabilities.

Concerns Regarding the Broadcasting Services Regulations Bill 2023:

  • Censorship Apprehensions: Potential threat to creativity and artistic freedom.

  • Challenges with Content Evaluation Committees (CEC): Concerns over independence and privacy violations.

  • Concerns Regarding the Broadcast Advisory Council (BAC): Government nomination raises censorship concerns.

  • Selective Targeting of Journalists: Potential for misuse against media personnel.

  • Impact on Minority Communities: Vague language could lead to biased representations.

  • Conflict of Interest Issues: Lack of transparency in media regulation.

  • Risks of Oligopoly in Media Ownership: Potential for government collusion.

  • Diminished Autonomy for OTT Platforms: Imposing strict rules may affect user experience.

Way Forward:

  • Comprehensive Legislative Framework: Develop an inclusive structure covering all broadcasting aspects.

  • Stakeholder Engagement: Prioritize insights from various stakeholders.

  • Adaptability to Technological Advances: Ensure regulations adapt to media landscape changes.

  • Content Classification and Ratings: Implement a clear guideline system for audiences.

  • Independent Regulatory Oversight: Establish an impartial regulatory body.

  • Differentiated Approach for Platforms: Recognize the uniqueness of each broadcasting platform.

  • Regular Review and Revision: Periodically update regulations.

  • Transparent Enforcement Procedures: Create fair processes for addressing regulatory breaches.

  • Advancement of Media Literacy: Invest in media literacy programs.

  • Incorporation of Global Best Practices: Adopt effective strategies from international experiences.

The Broadcasting Regulation aims to foster growth, innovation, and equal access in the telecommunications sector, balancing regulatory oversight and industry autonomy.

মোমাই তামুলী বৰবৰুৱা (Momai Tamuli Borbarua)

বাঘ হাজৰিকা (Bagh Hazarika)