Broadcasting Services (Regulation) Bill, 2023

Recently, Broadcasting Services (Regulation) Bill, 2023 was released by the Ministry of Information & Broadcasting. It replace the Cable Television Networks Act of 1995 and other policy guidelines currently governing the broadcasting sector in the country. Key features of the bill are:

• Consolidate and update the legal framework for the broadcasting sector.
• The bill extends the regulatory purview to cover broadcasting of the over-the-top (OTT) content and digital news and current affairs, currently regulated through IT Act, 2000 and also keeps the option open for including any new platform developed in the future.
• It provides for contemporary defintion related to broadcasting and other important technical terms for the first time and various other future provisions.
• The Bill strengthens self regulation by establishing ‘Content Evaluation Committees’ for self-regulation and different Programme and Advertisement codes for different Broadcasting Network Operators.
• It also introduces a ‘Broadcast Advisory Council‘ that will advise the central government on violations of program and advertisement codes.
• The bill addresses the specific need of the person with disability by promoting the use of subtitles, audio descriptors, and sign language and also provides for the appointment of Disability Grievance Officer.
• It provides for penalties such as advisory, warning, censure, or monetary penalties for operators and broadcasters. It reserves imprisonment and/or fines for severe offences, like obtaining registration with a false affidavit.
• The Bill links monetary penalties and fines to the financial capacity of the entity. It takes into consideration, the entities turnover and investment for fairness and equity.
• The Bill introduces provisions for infrastructure sharing among broadcasting network operators. It “streamlines the ‘Right of Way’ section to address relocation and alterations more efficiently, and establishes a structured dispute resolution mechanism”.
• It establishes a structured dispute resolution mechanism.

The bil provides unified, future-focused approach and adapts to the dynamic world of OTT, Digital Media, DTH, IPTV, and more, promoting technological advancement and service evolution

OTT Full Form: OTT is the services that offer viewers access to movies, TV shows, web series, and other media directly through the Internet, bypassing cable or satellite systems. They can be accessed through internet-connected devices like computers, smartphones, set-top boxes, and smart TVs. In India’s regulatory system, they are called ‘publishers of online curated content’.

OTT platforms include services like Amazon Prime Video, Netflix, Sony Liv, Disney+, Hulu, etc. The content available is not free and one has to pay a subscription fee for it. Recently OTT was in the news on a regulatory mechanism for over-the-top (OTT) communication services, that is whether OTT services should be regulated or be let to continue to operate as it is.

In this article, we will discuss the full form of OTT, its background, regulation, pros and cons, etc.