Broadcasting Services (Regulation) Bill 2023

November 11, 2023

On November 10, 2023, the Information & Broadcasting Ministry unveiled the draft Broadcasting Services (Regulation) Bill, 2023, signaling a significant step towards modernizing and regulating India’s broadcasting sector. This proposed legislation aims to replace outdated Acts, Rules, and Guidelines with a unified framework that adapts to the changing landscape of the media industry, encompassing Over-the-Top (OTT) content, digital news, and current affairs.

A Unified Legal Framework

The draft Broadcasting Services (Regulation) Bill, 2023, seeks to establish a consolidated legal framework for the broadcasting sector in India. It is designed to streamline and replace existing regulations, including the Cable Television Networks (Regulation) Act of 1995, to provide a more comprehensive and up-to-date approach.

Expanding Regulatory Reach

One of the notable aspects of this Bill is its expansion of regulatory oversight. It goes beyond traditional broadcasting to encompass the rapidly growing areas of OTT content, digital news, and current affairs, which were previously regulated under the IT Act, 2000. Additionally, the Bill is forward-looking, addressing emerging broadcasting technologies.

Key Provisions of the Bill

1. Comprehensive Definitions

The Bill features six chapters, 48 sections, and three Schedules, offering comprehensive definitions for contemporary broadcasting terms and other technical terminology. These definitions provide clarity and guidance within the industry.

2. Self-Regulation and Advisory Council

The draft Bill introduces ‘Content Evaluation Committees’ to encourage self-regulation within the broadcasting sector. It also establishes a ‘Broadcast Advisory Council’ tasked with advising the central government on program code and advertisement code violations. These mechanisms aim to maintain industry standards and ethical practices.

3. Penalties and Fines

For operators and broadcasters, the Bill outlines a range of statutory penalties, including advisory actions, warnings, censures, and monetary fines. Serious offenses, such as obtaining registration with a false affidavit, may result in imprisonment and/or fines. Importantly, monetary penalties and fines are structured to consider the financial capacity of the entity, ensuring fairness and equity in enforcement.

4. Inclusivity for People with Disabilities

In an effort to make broadcasting more inclusive and accessible, the Bill promotes the use of subtitles, audio descriptors, and sign language. It also introduces the role of a “Disability Grievance Officer” to address concerns specific to individuals with disabilities.

5. Infrastructure Sharing and Dispute Resolution

The Bill includes provisions for infrastructure sharing among broadcasting network operators and the carriage of platform services. It streamlines the ‘Right of Way’ section to handle relocations and alterations more efficiently. Additionally, it establishes a structured dispute resolution mechanism to address conflicts within the sector.

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