In a move that will regulate the content services of over-the-top entertainment apps such as Netflix, Disney+ Hotstar, among others, the ministry of information and broadcasting (MIB) on Friday released the draft Broadcasting Services (Regulation) Bill, 2023. Besides OTT regulation, the Bill seeks to replace the existing Cable Television Networks Regulation) Act, 1995 and other policy guidelines currently governing the broadcasting sector in the country.
With the new Bill, the government’s aim is to have a consolidated framework to regulate the broadcasting services that include direct-to-home (DTH), Internet Protocol Television (IPTV), OTT broadcasting, digital news, and other emerging broadcasting technologies.
“This pivotal legislation modernises our broadcasting sector’s regulatory framework, replacing outdated Acts, Rules, and Guidelines with a unified, future-focused approach,” said Anurag Thakur, minister of information and broadcasting.
The government has also defined various services under the Bill including that of OTT broadcasting service.
The Bill mandates registration for broadcasters and other stakeholders looking to provide broadcasting services, with the government. It also makes it compulsory for companies to maintain accurate and updated records of subscriber data of its broadcasting services or network, including the number of subscribers and such other particulars as may be prescribed by the government.
OTT broadcasting players, also have to intimate the government within a period of one month from the notification of the Act, about their operations and number of subscribers they have, and other requirements as per the Act. The government, however, has also proposed to relax guidelines for OTT players who do not meet the required number of subscribers, which will be prescribed by the government.
With regard to the penalty structure, on failure to comply with the provisions of the Bill, the government has linked the same with the financial capacity of the companies. The maximum penalty which the government has prescribed is up to Rs 50 crore for violation of any terms and conditions of registration, damage to public broadcasting infrastructure, content guidelines, etc.
For micro, small, and medium companies, the maximum penalty prescribed under various instances of violations, will be restricted to 2%, 5%, and 50%, respectively. Besides monetary penalties, the Bill also introduces other statutory penalties such as advisory, warning, and censure.
Every broadcaster or broadcasting network operator needs to appoint self-regulatory bodies known as Content Evaluation Committee (CEC) which will include members from social groups, child welfare, etc, for certification of programmes. The companies will also have to display certificates issued by the CEC as approval for the content and programmes.
The government, however, can notify which programmes would not be required to be certified from CEC.
Further, the companies will also have to appoint grievance redressal officers for the purpose of receiving and hearing consumer complaints in violation of any Programme Code or Advertisement Code, the draft Bill said.
A self-regulatory organisation also has the powers to impose penalty upto Rs 5 lakh, up from earlier Rs 1 lakh to the broadcasters covered under the Bill.
The government will also constitute a Broadcast Advisory Council to inspect broadcasting networks and services, and prescribe required penalties.
“It is not that the government wants to seek more powers. We want that the self regulation should be more strict, and the cases of content violation coming to the ministry should be less,” said Apurva Chandra, secretary, information and broadcasting.
“If there are good, credible, people associated with a content evaluation committee, they should also take some responsibility for the content,” Chandra added.
The Bill also allows for a differentiated approach to Programme and Advertisement Codes across various services and require self-classification by broadcasters and robust access control measures for restricted content. Further, the broadcasters will have to follow comprehensive accessibility guidelines under the Bill for the needs of persons with disabilities.
The government has opened the Bill for pubic consultation for the next 30 days.