Broadcasting Services (Regulation) Bill, 2023
The Broadcasting Services (Regulation) Bill, 2023[1][2] is a proposed law that aims to overhaul the regulatory framework for broadcasting services in India. A draft of the bill was introduced in 2023 and was published for public consultation.[3] A second draft was created in 2024, and shared only with key stakeholders.[4] It was subsequently revoked and the 2023 draft has been revived,[5]
| Broadcasting Services (Regulation) Bill, 2023 | |
|---|---|
| Parliament of India | |
| |
| Territorial extent |  |
| Enacted by | Not yet enacted |
| Introduced by | Anurag Thakur |
| Repeals | |
| Cable Television Networks (Regulation) Act of 1995 | |
| Status: Pending | |
The bill would replace the Cable Television Networks (Regulation) Act of 1995 and encompass a wider range of platforms and technologies.[6] The 2023 draft, published in November 2023, included a programme code for OTT platforms (streaming platforms).[7] The revoked 2024 draft would have brought online content creators under the ambit of the law by introducing a new category called "digital news broadcasters".[1]
Proposal
editThe bill proposes establishing a new regulatory body called the Broadcasting Authority of India (BAI) to oversee the implementation of the bill and regulations.[6][8] 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.[9][10][11]
The stated objectives of the bill are:[citation needed]
- Consolidation: To bring all forms of broadcasting under a single, streamlined regulatory framework.[12]
- 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
editThe 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.[13][14][15]
The two-tier self-regulation system, with government intervention as a backup, might not provide adequate safeguards against arbitrary decisions and suppression of dissent.[16][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. [17][18][19]
See also
editReferences
edit- ^ a b Agrawal, Aditi (26 July 2024), "New draft of broadcasting bill: News influencers may be classified as broadcasters", Hindustan Times
- ^ Gupta, Apar (31 July 2024). "A licence raj for digital content creators". The Hindu.
- ^ "Key features of the draft Broadcasting Services (Regulation) Bill, 2023". The Indian Express. 11 November 2023.
- ^ Agrawal, Aditi (27 July 2024), "Broadcasting Bill still in drafting stage: MIB tells RS", Hindustan Times
- ^ Barik, Soumyarendra (13 August 2024). "Facing criticism, Govt withdraws new draft of broadcast Bill". The Indian Express.
- ^ a b "Draft Broadcasting Services (Regulation) Bill, 2023" (PDF). prsindia.org. Retrieved 5 August 2024.
- ^ "Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023". pib.gov.in. Retrieved 15 December 2023.
- ^ "Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023". pib.gov.in.
- ^ Chawla, Akshit (22 December 2023). "Three New Laws Give the Govt Extraordinary Powers over Journalism, Entertainment and Internet". The Wire.
- ^ Farooqui, Javed (28 November 2023). "Broadcasting regulation bill and its impact on content world". The Economic Times.
- ^ Pandey, Devesh K. (19 November 2023). "Self-regulation provisions in draft broadcasting Bill draw diverse views". The Hindu.
- ^ "Onus of content, power of inspection, penalties: Centre's new broadcasting bill". India Today.
- ^ Chishti, Seema (7 December 2023). "Control + All or Delete: The Draft Broadcast Bill Is a Blueprint for Censorship". The Wire.
- ^ Agrawal, Aditi (26 November 2023). "New broadcast bill may also cover those who put up news content online". Hindustan Times.
- ^ "Digital Dialogues: Different kinds of censorship, thanks to the broadcast regulation bill". Newslaundry. 24 December 2023.
- ^ Jha, Lata (26 November 2023). "Draft broadcast bill sparks concerns around creative freedom". Mint.
- ^ Pandey, Devesh K. (10 November 2023). "Draft Broadcasting Services (Regulation) Bill, 2023, proposes self-classification of programmes by broadcasters". The Hindu.
- ^ "Editorial. Broadcast Bill plugs regulatory gaps, but some provisions need watching". BusinessLine. 21 November 2023.
- ^ Varier, Rajkumar (12 December 2023). "BSR Bill's Magic Trick: Now You See Clarity, Now You Don't!". ABP News.