Draft Broadcasting Regulation Bill: Examining the Ambiguities and Uncertainties

Draft Broadcasting Regulation Bill: Examining the Ambiguities and Uncertainties

The Indian government has proposed a controversial draft broadcasting regulation bill that aims to regulate not only broadcasting companies but also over-the-top (OTT) platforms, digital news, and apps. The bill specifically targets streaming platforms like Netflix, Amazon Prime Video, and Disney+Hotstar, classifying them as OTT broadcasting services. It may also extend its reach to social media platforms such as WhatsApp and signal messaging companies. Furthermore, individuals posting news and current affairs content on platforms like YouTube could also fall under the bill’s purview.

The bill has faced criticism due to its vague provisions, which were highlighted during public consultation. To address concerns, the government intends to establish a content evaluation committee for self-regulation, as well as a broadcasting advisory council to advise on violations of the program and advertising codes. The bill will replace the existing Cable Television Network Act and other policies to address existing loopholes.

Penalties outlined in the bill include fines, censure, advisory warnings, and even imprisonment for serious offenses. Additionally, the bill emphasizes inclusivity by mandating provisions for the disabled, such as sign language, subtitles, and audio descriptors. It also promotes a “Right of Way” approach, allowing broadcasting network operator companies to share infrastructure and facilitate the carriage of platform services. This provision enables consumers to choose their preferred operator by sharing cables and infrastructure among cable operators.

The proposed bill seeks to bring comprehensive regulation to the broadcasting sector, encompassing various forms of digital content consumption. However, concerns have been raised regarding its potential impact on freedom of expression and the need for balanced oversight. The response to the bill’s proposals remains awaited.