Understand Broadcasting Regulation Bill 2024 Changes & Challenges | UPSC

Introduction

• • Recently, several digital creators have voiced concerns about the Broadcasting Regulation Bill 2024.
  •  The draft Bill seeks to regulate the broadcast of news and current affairs programs (excluding print news), requiring compliance with a prescribed program code and advertisement code.
  • According to a CSDS Lok-Niti survey, 29% of respondents consume political material daily on digital platforms. 
  • Critics argue that the Bill could lead to digital authoritarianism, potentially allowing the government to control online narratives and limit freedom of expression in the digital space.

Highlights of the Broadcasting Regulation Bill 2024

Regulating Mechanism:

• • The Bill introduces a regulatory mechanism for various types of broadcasters and broadcast network operators.
  • Television broadcasting networks must register with the central government, while OTT platforms must provide an intimation after reaching a specific threshold of subscribers.

Unified Regulatory Framework for Broadcasting:

• • The Bill aims to replace the Cable Television Networks Act of 1995.
  • It extends regulatory oversight to include OTT content and digital news and current affairs, which were previously regulated under the IT Act, 2000.

Programme Code and Advertisement Code:

• • The Bill seeks to regulate the broadcast of news and current affairs programs (excluding print news).
  • Such programs must comply with the prescribed programme code and advertisement code.

Self-Regulation:

• • The Bill provides for a self-regulatory structure to ensure compliance with the programme and advertisement codes.
  • This includes self-regulation, constituting self-regulatory organizations, and establishing a Broadcast Advisory Council.

Content Evaluation Committee (CEC):

• • Each broadcaster must set up an internal Content Evaluation Committee (CEC).
  • All broadcast content must be certified by the CEC.

Accessibility for Persons with Disabilities:

• • The Bill promotes the use of subtitles, audio descriptors, and sign language for persons with disabilities.
  • It provides for the appointment of a Disability Grievance Officer.

Penalties:

• • The Bill prescribes penalties such as advisory, warning, censure, or monetary penalties for operators and broadcasters.
  • It reserves imprisonment and/or fines for severe offenses, such as obtaining registration with a false affidavit.

Infrastructure Sharing Provisions:

• • The Bill introduces provisions for infrastructure sharing among broadcasting network operators.

Dispute Resolution:

• • The Bill establishes a structured dispute resolution mechanism.

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Significance of the Broadcasting Regulation Bill 2024

Consolidation and Modernization:

• • The Bill replaces the outdated Cable Television Networks Act, 1995.
  • It adopts a unified, future-focused approach by adapting to the dynamic world of OTT, digital media, DTH, and IPTV.

Promotes Ease of Doing Business:

• • The Bill seeks to promote ease of doing business by incorporating a dispute resolution mechanism in the broadcasting domain.

Further Push to Digital India:

• • The Bill promotes technological advancement and service evolution in the broadcasting domain, aligning with the ‘Digital India’ initiative.

Provides for Right of Way:

• • The Bill facilitates cable operators in obtaining permissions from various local agencies to roll out their network in new cities.

Promotes Infrastructure Sharing:

• • Broadcasters will benefit from infrastructure sharing, similar to how telecom operators share cellular towers and spectrum.

Empowers Broadcasters by Providing for Self-Regulation Mechanisms:

• • The Bill establishes Content Evaluation Committees, providing broadcasters with autonomy in certification matters.

Promotes Ease of Living:

• • The Bill enhances accessibility for persons with disabilities by promoting the use of subtitles, audio descriptors, and sign language.

Concerns with the Broadcasting Regulation Bill 2024

Threat of Digital Dictatorship:

• • The Bill expands the scope to classify individual commentators as ‘Digital News Broadcasters’ and content creators as ‘OTT Broadcasters.’
  • The Ministry of Information and Broadcasting can prescribe and change thresholds for subscribers or users, increasing the government’s control over digital media.

Additional Compliances for Online Platforms:

• • The Bill establishes a new safe harbor regime independent of the IT Act, 2000.
  • It allows the government to demand registration, enforce censorship, and impose special compliances on platforms like YouTube.

Issues with the Content Evaluation Committees (CEC):

• • The government will prescribe the criteria for constituting the CEC, raising questions about its independence.
  • The requirement to disclose personal details of CEC members to the government and the public infringes on their right to privacy and contradicts digital personal data protection legislation.
  • Disclosure of personal details puts CEC members at risk of harassment for approving content that may offend individuals or groups.

Issues with the Broadcast Advisory Council (BAC):

• • All members of the proposed Broadcast Advisory Council will be nominated by the Centre.
  • This could lead to content censorship through BAC, as it will have the final say on censoring content across all broadcasting mediums.

Selective Targeting of Journalists:

• • Critics fear the bill may be misused to target journalists selectively, similar to the alleged misuse of the IT Rules 2021 to arrest media personnel.

Potential Impact on Minority Communities:

• • There are concerns that vague language in the bill could be misused to erase or selectively represent Indian minority communities, promoting a majority identity of India.

Conflict of Interest:

• • The bill does not address conflicts of interest and opaque issues in media regulation, such as the nexus involving cable operators, politicians, entrepreneurs, and broadcasters.

Oligopoly in Media Ownership:

• • The unbridled power given to government officials in broadcast media regulation may lead to collusion between the government and media houses, creating an oligopoly in media ownership.

Reduced Autonomy of OTT Platforms:

• • Applying stringent rules and codes of cable or radio to OTT broadcasting services may increase the financial and compliance burden on OTT broadcasters, negatively impacting user experience, choice, and costs.

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Way Forward

Stakeholder Consultation:

• • The government should conduct extensive consultations with industry experts, content creators, broadcasters, and the public to gather feedback on the Bill.

Promotion of Media Literacy:

• • Investing in media literacy programs to educate the public about responsible media consumption, similar to initiatives in Singapore and Australia, can be beneficial.

Responsible Media:

• • Media organizations must uphold their duty as the fourth pillar of Indian democracy and ensure that journalistic ethics are not compromised.

Ensuring Independence of CEC and BAC:

• • The government should nominate members from the broadcast industry and civil society to keep the CEC and BAC independent and impartial.