Broadcasting Services (Regulation) Bill, 2024: Centre Withdraws New Draft (image:x.com/AshwiniVaishnaw)

Amid controversy and criticism, the Ministry of Information and Broadcasting on Monday have withdrawn the new draft Broadcasting Services (Regulation) Bill, 2024. “A fresh draft will be published after detailed consultations,” ministry said.

The ministry had shared the new draft bill with selected stakeholders last month and urged for their feedback. The government has now asked the stakeholders to return their copies of the Bill.

The Ministry of Information & Broadcasting is working on a Draft Broadcasting Services (Regulation) Bill.

The draft Bill was placed in public domain on 10.11.2023 along with the explanatory notes for comments of the stakeholders and the general public. https://t.co/3A4brxbfLC…

— Ministry of Information and Broadcasting (@MIB_India) August 12, 2024

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Background

The Ministry proposed the Broadcasting Services (Regulation) Bill, 2023, with an aim to replace the Cable Television Networks (Regulation) Act of 1995 and other policy directives currently guiding the broadcasting sector in the country. The bill put forth a unified and single framework to regulate broadcasting services, including over-the-top (OTT) content, digital news and current affairs.

As per the reports, it will classify influencers and social media pages that constitute content or discuss current affairs or news online as ‘digital news broadcasters’.

The Bill was initially placed for consultations in the public domain in November last year. But it has been pending since then. Subsequent editions on the draft bill only being shared to a few select stakeholders – suggesting strict terms of confidentiality. Reportedly, the new draft Bill shared last month significantly shifted the focus of the 2023 draft Bill.

Key Features

• The Bill is adaptable and expansive as it brings all the broadcasting services under one roof enabling technological advancement and service evolution.
• The Bill introduces comprehensive definitions for contemporary broadcasting terms and embodies provisions for developing broadcasting technologies.
• It promotes inclusivity, wherein proposes to make broadcasting more inclusive and accessible to people with disabilities through the placement of subtitles, audio descriptors, and sign language. It also arranges for Disability Grievance Officer.
• It initiates the formulation of internal ‘Content Evaluation Committee (CEC) for improving self-regulation and a Broadcast Advisory Council. All broadcast content by the broadcaster must be certified by the CEC. The Council with government membership will be more broader and, would be assigned to hear complaints against broadcasters.
• It lists statutory penalties for operators and broadcasters, such as advisory, warning, censure, or monetary penalties. Monetary penalties and fines are associated with the financial capacity of the entity.
• The Bill also facilitates for infrastructure sharing among broadcasting network operators and carriage of platform services.
• It streamlines the ‘Right of Way’ section to address relocation and alterations more efficiently. Besides, a structured mechanism for dispute resolution has also been established.

Also Read | Digital Media Body Writes To I&B Minister Amid Concerns Over Broadcast Regulation Bill

Concerns And Criticism

The draft bill controls online content available on OTT platforms as well as their autonomy. It posed questions concerning the freedom of speech and expression, and central government’s involvement to police it. The government will have the powers to pass orders on whether a specific content breaches their interest. This will also apply to content or news critical of the government and it could also result in conflict of interest.

There are also reports that, the major initiative behind this Bill was to keep an eye on individual content creators of current affairs and news content on YouTube who stands as a critical voice. In addition, these modes of content censorship will affect the audience experience.

At a press conference in Delhi on August 9, online content creators, journalists and activists has requested the Union government to conduct wider consultations on the Bill, and to share the draft with digital media organisations and civil society groups. DigiPub, an association of independent news organisations and journalists organised the press conference.