Social:Broadcasting Services (Regulation) Bill, 2023

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Short description: Proposed law in India


Broadcasting Services (Regulation) Bill, 2023
Parliament of India
Territorial extentFlag_of_India
Enacted byNot yet enacted
Introduced byAnurag Thakur
Repeals
Cable Television Networks (Regulation) Act of 1995
Status: Pending

The Broadcasting Services (Regulation) Bill, 2023 is a proposed law aims to overhaul the regulatory framework for broadcasting services in India .[1]

It would replace the outdated[according to whom?] Cable Television Networks (Regulation) Act of 1995 and encompass a wider range of platforms and technologies.[2]

On 10 November 2023, MIB India introduces this broadcasting bill, which included Programme code with Content Evaluation Committee(CEC) for every OTT platforms. Currently public consultation is ongoing till 15 January 2024.[3]

Proposal

The bill proposes establishing a new regulatory body called the Broadcasting Authority of India (BAI) to oversee the implementation of the bill and regulations.[2][4] Other proposed changes include:

  • Data localization: Requirement for certain platforms to store data in India.
  • Self-regulation: A two-tier system of self-regulation with an option for government intervention in case of non-compliance.
  • Content evaluation Committee: A committee to evaluate content and certify its compliance with the code.
  • Transparency and grievance redressal: Measures to ensure transparency in decision-making and provide viewers with effective grievance redressal mechanisms.[5][6][7]

The stated objectives of the bill are:[citation needed]

  • Consolidation: To bring all forms of broadcasting under a single, streamlined regulatory framework.[8]
  • Content regulation: To address issues like hate speech, fake news, and violence through content codes and age verification mechanisms.
  • Promoting local content: To increase the presence of Indian programming across all platforms.
  • Viewer protection: To safeguard viewers' interests by ensuring program quality, transparency, and grievance redressal mechanisms.
  • Balancing freedom and accountability: To uphold freedom of expression while holding platforms accountable for harmful content.

As of December 2023, the draft bill is open for public consultation.

Reactions

The broad scope of the bill, encompassing even individual content creators, raises concerns about government overreach and potential censorship.[according to whom?] Critics[who?] argue that vague content codes and subjective interpretations could stifle creative expression and limit the diversity of voices.[9][10][11]

The two-tier self-regulation system, with government intervention as a backup, might not provide adequate safeguards against arbitrary decisions and suppression of dissent.[12][according to whom?]

The emphasis on promoting "Indian content" and regulating harmful content could lead to unintended consequences for freedom of expression.[according to whom?] Critics[who?] argue that defining "Indian" and "harmful" subjectively could be used to suppress critical voices and diverse perspectives.

The bill's provisions for data localization and government access to user data raise concerns about privacy violations and potential misuse of information.

References

  1. "Key features of the draft Broadcasting Services (Regulation) Bill, 2023". 11 November 2023. https://indianexpress.com/article/explained/draft-broadcasting-services-regulation-bill-9022857/. 
  2. 2.0 2.1 https://prsindia.org/files/parliamentry-announcement/2023-12-09/Draft_Broadcasting_Services_(Regulation)_Bill,_2023.pdf
  3. "Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023". https://pib.gov.in/pib.gov.in/Pressreleaseshare.aspx?PRID=1976200. 
  4. "Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023". https://pib.gov.in/pib.gov.in/Pressreleaseshare.aspx?PRID=1976200. 
  5. "Three New Laws Give the Govt Extraordinary Powers over Journalism, Entertainment and Internet". https://thewire.in/government/telecom-broadcasting-data-protection-bill-digipub#:~:text=The%20broadcasting%20bill%20seeks%20to,to%20delete%20or%20modify%20programmes. 
  6. Farooqui, Javed (28 November 2023). "Broadcasting regulation bill and its impact on content world". The Economic Times. https://economictimes.indiatimes.com/industry/media/entertainment/media/broadcasting-regulation-bill-and-its-impact-on-content-world/articleshow/105571742.cms. 
  7. Pandey, Devesh K. (19 November 2023). "Self-regulation provisions in draft broadcasting Bill draw diverse views". The Hindu. https://www.thehindu.com/news/national/self-regulation-provisions-in-draft-broadcasting-bill-draw-diverse-views/article67550941.ece. 
  8. "Onus of content, power of inspection, penalties: Centre's new broadcasting bill". https://www.indiatoday.in/india/story/onus-of-content-power-of-inspection-penalties-centres-new-broadcasting-bill-2468292-2023-11-28. 
  9. "Control + All or Delete: The Draft Broadcast Bill Is a Blueprint for Censorship". https://thewire.in/government/control-all-or-delete-the-draft-broadcast-bill-is-a-blueprint-for-censorship. 
  10. "New broadcast bill may also cover those who put up news content online". 26 November 2023. https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html. 
  11. Team, N. L. (24 December 2023). "Digital Dialogues: Different kinds of censorship, thanks to the broadcast regulation bill". https://www.newslaundry.com/2023/12/24/digital-dialogues-different-kinds-of-censorship-thanks-to-the-broadcast-regulation-bill. 
  12. Jha, Lata (26 November 2023). "Draft broadcast bill sparks concerns around creative freedom". https://www.livemint.com/news/india/draft-broadcast-bill-unleashes-concerns-around-creative-freedom-11701015943562.html.