Hindu Editorial Analysis : 17-November-2023

The Ministry of Information and Broadcasting (MIB) recently unveiled the Draft Broadcasting Services (Regulation) Bill, 2023, marking a significant step towards modernizing the regulatory framework of the broadcasting sector in India.

Highlights of the Draft Bill

Consolidated Legal Framework

  • Aim: The primary objective is to establish a consolidated legal framework for the broadcasting sector, extending its scope to cover Over-The-Top (OTT) content, digital news, and current affairs.
  • Single Legislative Framework: The Bill aims to replace the outdated Cable Television Networks (Regulation) Act of 1995, providing a unified legislative framework for various broadcasting services.

Expanded Regulatory Purview

  • The Bill extends regulatory oversight to OTT content, digital news, and current affairs currently governed by the IT Act, 2000.
  • Inclusion of Emerging Technologies: Provisions for regulating emerging broadcasting technologies are introduced.

Innovative Regulatory Mechanisms

  • Content Evaluation Committees: Introduced for self-regulation in content creation.
  • Broadcast Advisory Council: Formed to advise the central government on program code and advertisement code violations.

Provisions for Accessibility

  • Promotion of subtitles, audio descriptors, and sign language to facilitate access for people with disabilities.
  • Appointment of a “Disability Grievance Officer” to address concerns related to disabilities.

Statutory Penalties

  • The Bill outlines statutory penalties such as advisory, warning, censure, and monetary fines for operators and broadcasters.
  • Provision for imprisonment and fines for serious offenses, such as obtaining registration with a false affidavit.

Infrastructure Sharing

  • Provisions for infrastructure sharing among broadcasting network operators and carriage of platform services.
Significance of the Bill

Modernizing the Sector

  • Replacing outdated Acts and guidelines, the Bill aligns the regulatory framework with the dynamic landscape of OTT, digital media, DTH, and IPTV.
  • Promoting technological advancement and service evolution.

Efficient Relocation and Alterations

  • Streamlining the ‘Right of Way’ section to address relocation and alterations more efficiently.
  • Establishing a structured dispute resolution mechanism.

Fair Monetary Penalties

  • Linking monetary penalties and fines to the financial capacity of entities to ensure fairness and equity.

Inclusivity

  • The Bill aims to make broadcasting more inclusive and accessible, especially for people with disabilities.
Challenges & Criticisms

Promoting Linear Representation

  • Concerns raised about potential erasure or selective representation of Indian minority communities.
  • A provision allowing prohibition of programs on grounds of religion, race, language, caste, or community raises questions about promoting a universal unifocal identity.

Questions over “Authorized Officer”

  • Concerns about potential political and personal influence on officers designated as “authorized” by the government.

Uniform Application of Rules

  • Apprehensions about applying the same stringent rules to OTT services as traditional media, potentially increasing financial and compliance burdens.

Selective Targeting

  • Allegations that the rules might be misused, selectively targeting certain content based on political agendas.
Why In News

The Ministry of Information and Broadcasting (MIB) recently released the Draft Broadcasting Services (Regulation) Bill, 2023, marking a significant step towards modernizing regulations in the rapidly evolving media landscape and addressing emerging challenges.

MCQs about The Draft Broadcasting Services (Regulation) Bill

  1. What innovative regulatory mechanisms are introduced by the Bill?
    A. Mandatory censorship for all content
    B. Content Evaluation Committees and Broadcast Advisory Council
    C. Complete self-regulation by broadcasters
    D. Removal of all regulatory bodies
    Correct Answer: B. Content Evaluation Committees and Broadcast Advisory Council
    Explanation: The Bill introduces Content Evaluation Committees for self-regulation in content creation and a Broadcast Advisory Council to advise the government on program and advertisement code violations.
  2. What does the Bill offer in terms of accessibility for people with disabilities?
    A. No provisions for accessibility
    B. Promotion of subtitles, audio descriptors, and sign language
    C. Strict limitations on broadcasting content featuring disabilities
    D. Appointment of a Disability Grievance Officer only
    Correct Answer: B. Promotion of subtitles, audio descriptors, and sign language
    Explanation: The Bill promotes accessibility by encouraging the use of subtitles, audio descriptors, and sign language. Additionally, it includes the provision for appointing a Disability Grievance Officer.
  3. What concern is raised regarding the potential application of the rules to OTT services?
    A. OTT services will be exempt from all regulations
    B. Application of rules might increase financial and compliance burdens
    C. OTT services will be subject to stricter rules than traditional media
    D. Rules will not be applicable to digital news services
    Correct Answer: B. Application of rules might increase financial and compliance burdens
    Explanation: Concerns are raised about applying the same stringent rules to OTT services as traditional media, potentially increasing financial and compliance burdens for OTT broadcasters.

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