The advancement in technology specifically in the broadcasting industry with most of the cable TV going digital requires simplification of the large number of regulatory frameworks in place. This facilitates the businesses to reduced government pressure and work on smooth function of the platforms under the regulations. Thus, understanding the need for the integrated approach, it is necessary to change the existing fragmented legal regulation and adopt a new statute.Government of India in its Ministry of Information and Broadcasting had tabled a Broadcasting Services (Regulation) Bill 2023 as a draft. This bill has a aim to eradicate the out-dated laws and bring a common law for regulating all the digital services for broadcasting.
The Bill simplifies the procedures, expands its coverage to Over-the-Top material and digital newspapers, and includes modern definitions of requirements for further growing technologies. The Proposal recommends implementing self-regulation through the establishment of Broadcast Advisory Council and Content Evolution committee. Also it has provision for the penalties for the offenders.
This bill consists of three Schedules and 48 sections comprised in its six chapters.
Pros of Bill:
The Broadcasting Services (Regulation) Bill, 2023, in India is a proposed bill that seeks to reform the broadcasting services’ regulation. If we talk about the pros associated with this bill we can see by the below points:
Cons of bill:
While the bill intends to modernize the broadcasting industry, it has prompted various concerns:
- The bill extends the government extensive power over the content shown by OTT platforms and digital news publishers, resulting in censorship and self-censorship.
- Comparing cable TV and online platforms and placing them into the same regulatory net erases these differences and may well end up infringing on the freedom of speech.
- The bill addresses self-regulation through the content evaluation committees as ambiguous and not very independent. The regulation says that only the certified programs must be transmitted through the over-the-top platforms.
- The details of certification and the membership of the committee are still unknown.
- Some risks exists relate to the government interference with digital media when platforms have to adhere to the official certification programs.
- The bill also provides the measures to be taken against non-compliance and these includes advisory action, warning, censure, fines and in case of gross infringement a term of imprisonment.
- Critics fear that when sanctions are tight, new ideas will not be produced hence the smaller firms will be discouraged.
- Regarding freedom and independence of the journalism, the extension of the act to the digital news platform is questionable.