The Ministry of Information and Broadcasting released a draft of a new Bill titled Broadcasting Services (Regulation) Bill 2023 on November 10. This Bill is meant to replace the Cable Television Networks (Regulation) Act 1995 and will regulate the OTT services. Like the Privacy legislation, this legislation is likely to be the next war front for the Digital media led by George Soros cult in India. I will be surprised if the Bill see the light of the day before 2024 elections. However since the debate has started, the academic circles need to examine the proposals and record their views.
Way back in 2001 we debated the “Communication Convergence Bill” would have replaced
The Indian Telegraph Act, 1885,
The Indian Wireless Telegraphy Act 1933,
Telegraph Wire Unlawful Possession Act, 1950,
Cable Television Networks (Regulation) Act 1995 and
The Telecom Regulatory Authority of India Act, 1997.
The Bill caused the political disruption with the Ministry of Information Broadcasting and Ministry of IT having serious issues on overlapping powers and a turf war. The Bill was therefore a non-starter. Subsequently, in 2006 another draft Bill called Broadcasting Services Regulation Bill 2006 was released as a draft. The 2001 Bill was under BJP’s Vajapayee Government when Pramod Mahajan was the Minister and the 2006 Bill was under the UPA Government with Mr P V Narasimha Rao as PM and Dayanidhi Maran as Minister of IT.
The provisions of these Bills therefore had the blessings of both the Governments though for political expediency we can expect the Congress of 2023 to mount a scathing attack on the present Bill as having a “Chilling Effect” on freedom of speech. Already Wire, Medianama and other Soros group media have started their campaign. Though the Government has called for public comments, this would perhaps remain an academic debate.
Since the Notification of 25th February 2021 when the Ministers of IB and IT held a joint conference and released a notification, the Media regulation has been in discussion with the last major notification being on April 6 2023 in the form of “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023”
With this background this latest Bill has been released for public debate. Though the chances of the Bill being passed are remote, given the flurry of activities in the Ministries before the next election, even the impossible may be possible if Modi wants discipline in the media before the 2024 elections.
We need to look at this legislation therefore with respect.
It appears that the 2023 Bill is largely a replica of the 2006 Bill of the UPA and hence it would be interesting to see how the opposition counters the Bill. The schedule of penalties and the suggested self regulatory systems are additions.
A summary of the Bill as provided by PIB is available here
The key highlights mentioned are
Key Highlights:
1. Consolidation and Modernization: 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 require 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 offenses, 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.
Naavi
Also Read
Control+Alt or Delete: The Draft Broadcast Bill is a blue print for censorship: Wire.com
Why India’s new draft broadcast bill has raised fears of censorship and press suppression : Scroll.in
Broadcast Bill plugs regulatory gaps, but some provisions need watching
