India’s government has recently introduced the Draft Broadcasting Services (Regulation) Bill, 2023, aimed at modernizing the regulatory framework for broadcasting services, including Over-the-Top (OTT) content. The Information and Broadcasting Minister Anurag Thakur released the draft bill, suggesting that it replaces outdated acts, rules, and guidelines with a unified, flexible approach adaptive to the evolving technologies like OTT, digital media, IPTV, and more.
Thakur also stated that the new bill intends to advance India’s Prime Minister Narendra Modi’s vision for easing both doing business and living. The bill’s focus is to regulate OTT content, digital news, and current affairs while replacing the Cable Television Networks (Regulation) Act of 1995 and other existing guidelines for broadcasting in the country.
For almost three decades, the Cable Television Networks (Regulation) Act of 1995 has governed content on linear broadcasting, including cable networks. Significant changes to the broadcasting landscape due to technological advancements necessitate new legislation that consolidates the regulatory framework, according to government officials.
The proposed bill also seeks to enhance self-regulation through the establishment of Content Evaluation Committees and the reform of the existing Inter-Departmental Committee into a more participative, broader Broadcast Advisory Council. This Council will guide the government on violations of the program and advertising codes and will comprise distinguished individuals and officials, led by a sectoral specialist.
Furthermore, the bill subjects operators and broadcasters to statutory fines, including advisory, warning, censure, or monetary penalties. Although imprisonment and additional fines will be an option for severe offenses, proponents of the bill argue that these measures follow a balanced approach to regulation. Any monetary penalties will consider the financial capacity of the entity, weighted against their investment and turnover.
This move follows another significant event from 2021, where the Indian Government released the Information technology (Intermediary Guidelines and Digital Media Ethics Code) Rules to regulate social media platforms, digital media platforms, and OTT platforms. The proposed Broadcasting Services Bill is perceived as a further measure to regulate the digital space in response to the rapidly transforming media and broadcasting industry.