Broadcasting Services (Regulation) Bill 2023-2

(Continued from the previous article)

The provisions of the Broadcasting bill 2023 are reproduced here.

Structure of the Bill

Under the explanatory note in Annexure II, a Chapter wise summary has been provided as follows.

(a) Chapter I- preliminary

This chapter provides a concise overview of the “Broadcasting Services (Regulation) Bill, 2023,” which is proposed to be the official title of the Act. Its primary purpose is to introduce the Act and provide definitions for the different terms employed within its framework. Efforts have been made diligently to ensure that it encompasses all pertinent terms within its scope.

One of the key objectives of the Bill is to address the evolving landscape of the broadcasting industry, particularly in light of the emergence of new technologies.

The Bill is designed to cater to the needs of all service providers in the sector, ranging from traditional or conventional broadcasters to those utilizing the latest technological advancements.

By incorporating provisions that encompass a wide range of service providers, the Act acknowledges the diverse nature of the broadcasting industry and the varying methodologies employed by different service providers. This inclusiveness allows the Act to effectively regulate and govern all types of broadcasters, irrespective of their operational methods or the technologies they employ.

(b) Chapter II- Regulation of Broadcasting Services

Chapter II of the broadcasting services regulation focuses on the regulation of different types of broadcasters and broadcasting networks in India. It is divided into four parts: Part A covers broadcasters and cable and satellite broadcasting networks, Part B deals with radio broadcasting networks, Part C pertains to internet broadcasting networks, and Part D relates to terrestrial broadcasting networks.

It states that no person can provide broadcasting services or operate a broadcasting network without proper registration or intimation. However, certain entities like government departments, political parties, and public authorities are not eligible for registration, except for authorized entities like Prasar Bharti or channels operated by Parliament. Previous entities operating under authorization must transfer their operations to eligible entities in accordancewith the Act. The Central Government may allow registration for social objectives with specific terms and conditions. It also specifies that the Central Government has the authority to regulate services closely connected to broadcasting networks and broadcasting services. These regulations encompass eligibility criteria, terms, conditions, and fees.

Furthermore, there are general obligations for broadcasters and network operators. They are required to transmit programs in compliance with specified terms and conditions, ensuring that their services adhere to the Programme Code and Advertisement Code. The broadcasting services should not interfere with authorized telecommunication systems and must meet specific interference standards. Operators are also expected to comply with government orders and directions, use equipment meeting government standards, and provide information upon request. Different rules can be made for different types of broadcasters and network operators, allowing for tailored regulations based on the nature of their operations.

This chapter also mandates the compulsory transmission of specific channels. Also, guidelines for providing Platform Services may be issued for different types of broadcasting network operators. The provisions for the suspension, cancellation and renewal of registration are provided. Also, there is provision forappeals against the orders passed under this chapter. Applicants have the right to appeal registration-related decisions to the Appellate Authority, ensuring a fair and transparent process. The appeal must typically be made within 30 days, with exceptions considered for valid reasons.

Part A of the broadcasting regulations in India outlines the procedures for broadcasters, cable, and satellite network operators. Broadcasters need approval for transmitting programs, while network operators must register to operate. The broadcasters, cable, and satellite network operators are required to fulfill specified obligations, maintain accurate subscriber data etc. These regulations aim to ensure compliance with standards, fairness, and the smooth functioning of broadcasting services in the country.

Part B applies to radio broadcasting networks. Individuals or organizations intending to operate a radio broadcasting network must apply for a letter of intent. Permission may be granted subject to prescribed clearances and requirements.

Part C focuses on internet broadcasting networks. Unified license holders can provide IPTV services by intimating the Central Government. OTT (Over-the-Top) broadcasting service providers meeting the prescribed threshold must provide an intimation to the Central Government.

Part D applies to terrestrial broadcasting networks. Persons intending to operate a terrestrial broadcasting network must apply for permission. Permission may be granted subject to prescribed terms and conditions and clearances.

(c) Chapter III- Content standards, accessibility and access control measures

This chapter discusses certain rules and guidelines related to broadcasting services in a simplified manner. The important sections of this chapter include:

Section 19 : It states that any program or advertisement broadcasted through television, radio, or other broadcasting services must follow certain codes called the Program Code and the Advertisement Code. These codes may vary depending on the type of broadcasting service.

Section 20 : It explains that individuals or organizations broadcasting news and current affairs content online, such as through websites, social media, or news portals, need to follow the Program Code and advertisement code mentioned in Section 19.

Section 21: The government can provide guidelines to broadcasters to classify their programs into different categories based on factors like content, theme, and target audience. These categories will have relevant ratings and descriptors.

Broadcasters must prominently display the program’s classification at the beginning of the show, allowing viewers to make informed decisions.

Section 22: Broadcasting network operators should implement access control measures for programs that are classified as appropriate for restricted viewing (e.g., adult content). These measures aim to ensure that only the intended audience can access such content.

Section 23 : The Ministry of Information and Broadcasting may issue Accessibility Guidelines to make broadcasting services more accessible to persons with disabilities. These guidelines may include measures such as adding subtitles, audio descriptions for the blind, sign language translations, and using accessible applications. Broadcasters may be required to make a certain percentage of their programs accessible within a specified time frame. If there is a violation of the accessibility guidelines, penalties may be imposed on the broadcaster or broadcasting network operator.

(d) Chapter IV- Regulatory Structure

In this chapter, the regulatory structure for broadcasting content is outlined. The aim is to ensure that broadcasters and broadcasting network operators comply with the rules regarding content and address any complaints or grievances related to content violations that may arise.

According to this chapter, every broadcaster or broadcasting network operator must establish a Content Evaluation Committee (CEC) with members from various social groups, including women, child welfare, scheduled castes, scheduled tribes, minorities, and others as specified. The Government can define the CEC’s size, quorum, and operational details. The broadcaster must inform the government and disclose CEC members’ information on their website.

Broadcasters are only allowed to air programs certified by the CEC, except for specific programs exempted by the government. The CEC’s certificates must include prescribed details and be displayed as specified. These provisions will come into effect 180 days after the Act’s enforcement.

There are three main components of the regulatory structure defined under this chapter:

Self-regulation by broadcasters and broadcasting network operators:

Broadcasters and network operators must appoint a grievance redressal officer to handle complaints about content violations. They are also required to be members of a self-regulatory organization (SRO) established for this purpose.

Additionally, they must set up mechanisms for filing and addressing complaints and make information about these processes easily accessible.

Self-regulatory organizations:

SROs are bodies formed by broadcasters and network operators or their associations. These organizations, once registered with the government, are responsible for addressing grievances related to content violations that haven’t been resolved by the broadcasters or network operators within a specific time frame. They also handle appeals filed by complainants against the decisions made by broadcasters or network operators. SROs provide guidance and advisories to their members to ensure compliance with the broadcasting rules.

Broadcast Advisory Council: The government establishes a Broadcast Advisory Council, consisting of independent experts and government representatives, to oversee the implementation of the regulations. The Council receives complaints related to content violations and reviews them. Based on their examination, they make recommendations to the government. The government then considers these recommendations and issues appropriate orders and directions.

The Council can form review panels, as needed, to assist with its functions. These panels are assigned specific cases or appeals and provide their recommendations, which are considered as recommendations of the Broadcast Advisory Council.

(e) Chapter V: Inspection and Penalties

Chapter V of the Act deals with inspections and penalties for broadcasting networks and services. The Central Government and its authorized officers have the right to inspect these networks and services. Operators must provide necessary equipment for interception or monitoring as directed. Seized equipment can be confiscated unless operators demonstrate compliance.

Companies and their responsible individuals can be held liable for contraventions, unless they prove lack of knowledge or due diligence. Penalties can be advisory, censure, warning, and monetary penalties. Non-compliance with the Program and Advertisement Codes can result in removal of objectionable programs, orders, apologies, off-air periods, or cancellation of registration. The government can also prohibit programs or operations for public interest or national security reasons. There are provisions for imprisonment and/or fines for few serious offences.

The quantum of monetary penalty and Fine are dependent on the financial capacity of the entity or individual. The maximum Penalty/Fine in case of unregistered entities and Major category are 100%. However, the same is restricted to the 50%, 5% and 2% respectively to the Medium, Small and Micro Category.

(f) Chapter VI: Miscellaneous

The various provisions covered under this chapter include:

Sharing of infrastructure:

This section (Section 37) allows multiple broadcasting service providers to voluntarily share infrastructure and equipments. They need to apply to the Central Government with details of the infrastructure proposed to be shared and the roles and responsibilities of the entities involved. The government will review the application and approve or reject it based on certain criteria and conditions.

Right of way for cable operators: (Section 38)

This section defines the right of way for broadcasting networks and outlines the procedures and conditions for facility providers to seek permission to establish broadcasting networks on public and private properties. The key points are:

a) Definitions: It clarifies terms like “facility provider,” “public entity,” and  “public property.”

(b) Right of Way on Public Property: Facility providers can apply to public entities to seek permissions for right of way on public property for broadcasting networks. The public entity must process the applications promptly and grant permission subject to prescribed administrative expenses and compensation.

(c) Right of Way on Other Properties: Facility providers can seek right of way on non-public properties by entering into agreements with the property owners. The facility provider must restore the property if any damage occurs during the establishment of the broadcasting network

(d) Non-discriminatory and Non-exclusive Grant: Any person providing right of way must do so in a non-discriminatory and, if possible, non-exclusive manner.

(e) Broadcasting Network Distinct from Property: Facility providers have no ownership of the property where the broadcasting network is installed. The network is not subject to property-related claims or encumbrances.

(f) Power of Central Government to Establish Common Ducts and Cable Corridors: The government may establish common ducts or cable corridors for broadcasting networks and provide open access to facility providers on prescribed terms.

(g) Removal, Relocation, or Alteration of Broadcasting Network: Property owners may require the facility provider to remove, relocate, or alter the network when dealing with the property, and they must compensate the facility provider if applicable.

(h) Notice for Exercising Legal Right: Any person intending to exercise a right that may damage or interfere with the broadcasting network must provide prior notice to the facility provider or relevant authorities.

(i) Dispute Resolution: District Magistrates have exclusive powers to resolve disputes related to this section, and their decisions are final.

Provisions for emerging and future broadcasting technologies: This section(Section 39) empowers the Central Government to make the provisions of this Act applicable to broadcasting networks that use new technologies and methods.

The government can do so if these networks meet certain criteria, are similar to existing broadcasting networks, and operate as systematic business, professional, journalistic, or commercial activities.

Registration for providing audience measurement services: This section  (Section 40) states that individuals or organizations intending to provide audience measurement services must apply for registration to the registering authority. The authority will consider eligibility criteria and conditions before   granting registration. Applicants can appeal a refusal by the registering authority to the Appellate Authority.

Transitional provision: This section (Section 41) ensures a smooth transition or individuals or organizations already registered or granted permission under previous broadcasting regulations. They will be deemed registered, approved, or notified under this Act. However, they may need to provide a notification to self certify compliance with the provisions of this Act within a prescribed time period.

Application of other laws not barred: This section (Section 42) clarifies that the provisions of this Act are in addition to, and not in derogation of, other existing laws related to various areas such as drugs, cosmetics, trademarks, cinematography, consumer protection, and telecommunications.

Power to make rules: This section (Section 43) grants the Central Government the power to make rules for the effective implementation of the provisions of this Act. The rules can cover a wide range of matters, including registration, eligibility criteria, obligations, penalties, and other details related to broadcasting services and networks.

Power of the Central Government to issue guidelines: This section (Section 44) authorizes the Central Government to issue guidelines to fulfill the objectives of this Act. Existing guidelines issued before this Act will be deemed valid, but any inconsistency with this Act will be void. Penalties specified in these guidelines will be applicable.

Delegation of powers by the Central Government: This section (Section 45) allows the Central Government to delegate its powers and functions under this Act, except for rule-making powers and certain specified powers, to designated officers.

Rules to be laid before Parliament This section (Section 46) mandates that all rules made under this Act must be presented before both Houses of Parliament for a period of 30 days. If both Houses agree to modify or reject the rule, it will be modified accordingly or become void, but previously taken actions based on the rule will remain valid.

Power to remove difficulties: This section (Section 47) empowers the Central Government to make provisions through orders published in the Official Gazette to overcome any difficulties in implementing the provisions of this Act. These orders need to be laid before both Houses of Parliament.

Savings and repeal: This section (Section 48) addresses the continuity of rules and notifications made under the previous Cable Television Network (Regulation) Act, 1995. Such rules and notifications will be deemed to have been made under this Act, unless they are inconsistent. The Cable Television Network (Regulation) Act, 1995, will be repealed on a notified date. Actions taken under the repealed act will be considered as if done under this Act, and pending proceedings will continue.

Naavi

Copy of the BIll