Broadcasting Services (Regulation) Bill, 2023

Syllabus

GS 3: Economic Development   >   Indian Economy and issues   >   Communication technology

REFERENCE NEWS

• Recently, the draft Broadcasting Services Regulation Bill 2023 has been released by the Ministry of Information and Broadcasting.

KEY FEATURES OF THE BROADCASTING SERVICES REGULATION BILL,2023

SIGNIFICANCE OF THE BROADCASTING SERVICES REGULATIONS BILL 2023

1. Consolidation and Modernisation- The Bill replaces the outdated Cable Television Networks Act, 1995. The Bill adopts a unified, future-focused approach by adapting to the dynamic world of OTT, Digital Media, DTH, and IPTV.

2. Promotes ‘ease of doing business’ -The bill seeks to promote ‘ease of doing business’ by incorporating provisions for Dispute Resolution mechanisms in the broadcasting domain.

3. Further Push to ‘Digital India’- The bill seeks to promote technological advancement and service evolution in the broadcasting domain, which will give a further push to our goal of ‘Digital India’.

4. Provides for ‘Right of Way’- The Bill provides for ‘Right of Way’ which would enable cable operators to easily obtain permissions from various local agencies to roll out their network in a new city.

5. Promotes infrastructure sharing- The broadcasters would benefit from the infrastructure sharing, in the same way as the telecom operators benefited from sharing cellular towers and spectrum.

6. Empowers Broadcasters by providing for self-regulation mechanisms- The Bill provides provisions for the establishment of Content Evaluation Committees which would be a self-certification body of the broadcasters. This would provide autonomy to the broadcasting industry in matters of obtaining certification.

7. Promotes ‘ease of living’- The bill promotes ‘ease of living’ by enhancing the accessibility of broadcasting services for persons with disabilities by promoting the use of subtitles, audio descriptors and sign language.

CHALLENGES WITH THE BROADCASTING SERVICES REGULATIONS BILL 2023

1. Threat of Censorship- The government-prescribed programming and advertising codes might stifle creativity, artistic freedom, debate, and discourse, which are the lifeblood of a healthy democracy. Also, the Bill allows government officers to prohibit broadcasts they deem inappropriate. Hence, there are fears of misuse of the Bill, which may be used to impose undue restrictions and censorship.

2. Issues with the Content Evaluation Committees (CEC)-

• The government will prescribe the criteria for the constitution of CEC, which raises questions of its independence.
• The requirement of disclosure of personal details of the members of the CEC to the government and public, is against the Right to Privacy. It also contradicts the provisions of the Digital Personal Data protection legislation.
• Disclosure of personal details also puts them at risk of physical or online harassment, for approving a content which may offend an individual or a group.

3. Issues with the Broadcast Advisory Council (BAC)- All the members of the proposed Broadcast Advisory Council (BAC) will be nominated by the Centre. Since the BAC will have a final say on censoring content across all broadcasting mediums, government may push for content censorship through BAC.

4. Selective targeting of Journalists- Critics fear that the bill may be misused to selectively target the journalists by the govt, like the IT Rules 2021 are being misused to arrest media personnel.

5. Potential Impact on Minority Communities- There are concerns of misuse of the vague language in the bill for erasure or selective representation of Indian minority communities and promotion of a universal majority identity of India.

6. Conflict of Interest – The bill does not address the conflict of Interest and opaque issues in media regulation, such as the unholy nexus involving cable operators, politicians, entrepreneurs, and broadcasters.

7. Oligopoly in Media Ownership – The unbridled power provided to government officials in the broadcast media regulation may lead to collusion between the government and media houses to create oligopolistic media ownership.

8. Reduced autonomy of OTT platforms- Application of the stringent rules and codes of cable or radio to “OTT” broadcasting services, may increase the financial and compliance burden for OTT broadcasters. This will end up negatively impacting the user experience, choice, and costs borne by the users.

EXTRA FACTS

WAY FORWARD

1. Stakeholder Consultation- Extensive Consultations with industry experts, content creators, broadcasters, and the public can give extensive feedback to the government regarding their concerns on the Bill.

2. Promotion of Media Literacy- Investment in media literacy programs to educate the public about responsible media consumption like Singapore and Australia.

3. Responsible Media- The media must uphold it’s duty of being the 4th pillar of the Indian democracy and ensure that journalistic ethics are not compromised.

4. Ensuring the independence of the CEC and BAC- The government must nominate members from the broadcast industry and from civil society to keep the CEC and BAC independent and impartial.

The Broadcasting Services (Regulation) Bill, of 2023, seeks to usher in a modern regulatory framework, but it must be implemented with caution and careful consideration. As India navigates the ever-changing landscape of broadcasting, striking a balance between regulation and freedom of expression is important.

PRACTICE QUESTION

Q: The Draft Broadcasting Services (Regulation) Bill, 2023 aims to usher in a new era of transparency, self-regulation, and future-ready broadcasting services. Critically examine. (10M,150W)