Broadcasting Services (Regulation) Bill, 2024 Explained

Short Title:	Broadcasting Services (Regulation) Bill, 2024
Legislature:	Parliament of India
Long Title:	A Bill to overhaul the regulatory framework for broadcasting services and to replace the Cable Television Networks (Regulation) Act of 1995 and encompass a wider range of platforms and technologies.
Enacted By:	Not yet enacted
Introduced By:	Anurag Thakur
Repeals:	Cable Television Networks (Regulation) Act of 1995
Status:	pending

The Broadcasting Services (Regulation) Bill, 2024^[1] is a proposed law that aims to overhaul the regulatory framework for broadcasting services in India. The first draft of the bill was introduced in 2023 and was published for public consultation.^[2] The second draft, said to be in drafting stage, has been shared with only key stakeholders.

The bill would replace the Cable Television Networks (Regulation) Act of 1995 and encompass a wider range of platforms and technologies.^[3] The 2023 draft, published in November 2023, included a programme code for OTT platforms (streaming platforms).^[4] The 2024 draft brings online content creators under the ambit of the law by introducing a new category called "digital news broadcasters".

Proposal

The bill proposes establishing a new regulatory body called the Broadcasting Authority of India (BAI) to oversee the implementation of the bill and regulations.^{[3] [5]} 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.^{[6] [7] [8]}

The stated objectives of the bill are:

• Consolidation: To bring all forms of broadcasting under a single, streamlined regulatory framework.^[9]
• 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

The broad scope of the bill, encompassing even individual content creators, raises concerns about government overreach and potential censorship. Critics argue that vague content codes and subjective interpretations could stifle creative expression and limit the diversity of voices.^{[10] [11] [12]}

The two-tier self-regulation system, with government intervention as a backup, might not provide adequate safeguards against arbitrary decisions and suppression of dissent.^[13]

The emphasis on promoting "Indian content" and regulating harmful content could lead to unintended consequences for freedom of expression. Critics 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.^{[14] [15] [16]}

See also

• Information Technology Act, 2000

Notes and References

1. News: Apar . Gupta . A licence raj for digital content creators . The Hindu . 31 July 2024 .
2. News: Key features of the draft Broadcasting Services (Regulation) Bill, 2023 . The Indian Express . 11 November 2023 .
3. Web site: Draft Broadcasting Services (Regulation) Bill, 2023 . prsindia.org . 5 August 2024 .
4. Web site: Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023 . 2023-12-15 . pib.gov.in.
5. Web site: Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023 . pib.gov.in.
6. News: Chawla . Akshit . Three New Laws Give the Govt Extraordinary Powers over Journalism, Entertainment and Internet . The Wire . 22 December 2023 .
7. News: Broadcasting regulation bill and its impact on content world . Javed . Farooqui . The Economic Times . 28 November 2023 .
8. News: Self-regulation provisions in draft broadcasting Bill draw diverse views . Devesh K. . Pandey . The Hindu . 19 November 2023 .
9. News: Onus of content, power of inspection, penalties: Centre's new broadcasting bill . India Today.
10. News: Chishti . Seema . Control + All or Delete: The Draft Broadcast Bill Is a Blueprint for Censorship . The Wire . 7 December 2023 .
11. News: Agrawal . Aditi . New broadcast bill may also cover those who put up news content online . 26 November 2023 . Hindustan Times .
12. News: Digital Dialogues: Different kinds of censorship, thanks to the broadcast regulation bill . 24 December 2023 . Newslaundry .
13. News: Draft broadcast bill sparks concerns around creative freedom . Lata . Jha . 26 November 2023 . Mint .
14. News: Draft Broadcasting Services (Regulation) Bill, 2023, proposes self-classification of programmes by broadcasters . Devesh K. . Pandey . 10 November 2023 . The Hindu .
15. News: Editorial. Broadcast Bill plugs regulatory gaps, but some provisions need watching . 21 November 2023 . BusinessLine .
16. News: BSR Bill's Magic Trick: Now You See Clarity, Now You Don't! . Rajkumar . Varier . 12 December 2023 . ABP News .