Government Proposes New Rules for Broadcasters Including OTTs, Invites Public Comments
Considering the technological advancements in linear broadcasting spectrum, including cable networks, Ministry of Information and Broadcasting has proposed the Broadcasting Services (Regulation) Bill, 2023. The new bill replaces the old the Cable Television Networks (Regulation) Act of 1995, which has been active over decades, and only oversees cable networks. The proposed bill intends to cover the new advancement of the broadcasting sector including over-the-top (OTT) platforms such as Netflix and Amazon Prime Video, as well as digital news and current affairs websites.
The bill envisions streamlining of the regulatory measures making provisions for new platforms such as DTH, IPTV, OTT, and various integrated models. This is because these platforms are now competing directly with traditional broadcasters such as television and radio channels.
The bill introduces new definitions for broadcasting terms that are relevant to the digital age, such as “online broadcast” and “OTT platform.” This will help ensure the regulatory framework is up-to-date and can keep pace with the rapidly changing broadcasting landscape.
Moreover, the bill, emphasizes on self-regulation with requiring the broadcasters to constitute a ‘Content evaluation committees’ and changing the modus operandi of the existing Inter-Departmental Committee which provides advice to the government on violations to advertisement and program codes. The bill also urges the broadcaster to self- classify the content in order to activate robust access control measures for restricted content.
This will help put in place viewers discretion making it harder for children to watch harmful content. According to the proposed bill different codes may apply to different types of broadcasters, such as television channels, radio stations, and OTT platforms.
Moreover, the bill ensures accessibility of OTT content to people with disabilities. It also calls for penalties, including advisories, warnings, censures, monetary fines, and provisions for imprisonment, against broadcasters who fail to follow the rules and commit serious offenses.
Monetary penalties and fines are subject to the financial capacity of the broadcaster, and this makes larger broadcasters liable to pay more fines than smaller broadcasters. The bill also allows the broadcasting network operators to share infrastructure in order to reduce the cost of operation.
Moreover, the broadcasters are mandated to keep certain channels on their platforms such as public service broadcasters. The bill also intends to streamline the Right of Way section to help broadcasters install and maintain their infrastructure.
The stake holders including domain experts, broadcasting services providers and the general public can provide their feedback about the proposals and the comments need to be sent on an email jsb-moib@gov.in within 30 days from the date of the press release.
