Ours is a world of fast-paced change and innovation in all spheres of life, but scarcely any sector has changed as rapidly as the world of broadcasting – from but one or two channels and a handful of TV shows to a world of 24/7 programming from a host of national and international channels and OTT services at our fingertips. To cater to this, the Ministry of Information and Broadcasting has released the Draft Broadcasting Services (Regulation) Bill, 2023.
This Bill not only seeks to regulate broadcasting services across different mediums (such as the internet, cable, satellite, and radio) but also lays down content standards, advertising guidelines and even accessibility guidelines for all content across these mediums. The Bill also brings into its ambit Over-The-Top (OTT) content, digital news and current affairs, all of which are currently regulated through the IT Act, 2021.
Background: Existing Broadcasting Regulations in India
Cable Networks:
The Broadcasting Services (Regulation) Bill of 2023 seeks to replace the Cable Television Networks (Regulation) Act of 1995, which, as the name suggests, only covered Cable Networks, since these were the main broadcasters at the time. It not only laid out regulations for these networks but also made it compulsory for them to transmit Doordarshan channels and channels operated by the Parliament. The Central Government and its authorized agencies were given the power to inspect these networks and services, seize and confiscate equipment, and prohibit the operation of certain networks.
OTT Platforms and Digital News Publishers:
OTT platforms and Digital News Publishers, meanwhile, are currently regulated by The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, with the following rules being imposed on them:
OTT Platforms:
– Self-classification of content into one of five age-based categories- U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult);
– Parental Locks on content rated 13+ or higher, with reliable age-verification mechanisms for content rated A;
Digital News Publishers:
All Digital News Publishers are required to observe the Norms of Journalistic Conduct laid down by the Press Council of India, and the Programme Code of the Cable Television Networks Act outlined above.
The Rules also outlined a three-level grievance redressal mechanism for these entities:
Level 1: Self-Regulation by the publishers themselves,
Level 2: Regulation by the self-regulating bodies of these publishers, who will address grievances that have not been resolved by the publishers within 15 days;
Level 3: An Oversight Mechanism, which was to be developed by the Ministry of Information and Broadcasting.
The Broadcasting Services (Regulation) Bill, 2023:
The main regulations encapsulated in the Bill are as follows:
Broadcasters and Broadcasting Networks:
No Government bodies, departments or Government-owned companies will be allowed to operate as broadcasters. Some channels (such as Doordarshan and those operated by the Parliament), however, are exempted from this directive, and the Bill also retains the idea of the compulsory transmission of these channels that was included in the Cable Television Networks (Regulation) Act of 1995 as well.
OTT Platforms:
The Broadcasting Services (Regulation) Bill, 2023, considers all OTT Platforms to be a part of the larger broadcasting sphere, and defines an OTT broadcasting service as any broadcasting service which is made available on-demand or live to subscribers, and where a curated catalog of programmes is transmitted over the internet. Platforms such as Netflix and Disney+ Hotstar are examples of such services.
Services which require additional equipment, such as a set-up box or dongle, to be used to view content on non-smart televisions (of which the Amazon Fire Stick is a good example) are also classified as OTT services.
It is worth noting that social media intermediaries have been specifically excluded from this category of OTT services. Therefore, none of the provisions of this Bill apply to services like Instagram, Facebook, Snapchat, Youtube and the content on these platforms.
The liability for these OTT Services has been placed solely upon those operating the broadcasting service, and not on the Internet Service Providers (ISPs) or Network Providers.
The important new provisions that the Bill introduces for OTT Services are:
Requirement of a registration or intimation to the Central Government before operating an OTT service
Set up a Content Evaluation Committee, which will certify every programme (show, films, radio broadcast, etc.) before it is broadcasted.
Appoint a grievance redressal officer as a part of the three-tier redressal mechanism and regulatory structure. Any one can approach the officer for any complaint regarding any programme or the broadcasting service not complying with applicable standards.
Accessibility Guidelines:
While the Guidelines themselves will be issued later, the Bill issues certain considerations that are meant to guide the drafting process. These include:
The provision of subtitles and audio-descriptions;
Translations of content into sign-language;
Specifying a certain percentage of programs that all broadcasters must make accessible in accordance with the guidelines within a set amount of time;
among others.
Regulatory Structure:
The Broadcasting Services Bill, like the IT Rules of 2021, lays out a three-tier regulatory structure for all broadcasting entities:
Level 1: Self-regulation by the broadcasters and operators, who will be required to appoint a grievance redressal officer for the same;
Level 2: Self-regulatory organizations, which will address grievances not solved by the broadcasters themselves in the prescribed time period;
Level 3: The Broadcast Advisory Council, which shall comprise eminent personalities in the fields of media and broadcasting and representatives from various ministries of the Central Government, and will hear complaints regarding violations of the Programme and Advertising Codes.
Inspections:
The Bill also contains provisions allowing the Central Government or its authorized agencies to inspect broadcasting services and seize and confiscate equipment, as was also mentioned in the Cable Television Networks (Regulation) Act of 1995.
The International Perspective:
The United States of America:
Broadcasting Regulations in the United States refer only to the delivery of signals over the air directly to a television, with the Federal Communications Commission (FCC).
It does not include the delivery of audio or video services to mobile devices as broadcasting.
The FCC places restrictions on the kinds of advertisements that can be shown in children’s programming, and the Federal Trade Commission (FTC) prohibits all entities from engaging in false and misleading advertising.
OTT video delivery services are neither addressed by the FCC, nor licensed by any federal or state regulator.
European Union:
Articles 167 and 173 of the Treaty on the Functioning of the European Union (TFEU) form the basis of audio-visual policy in the European Union. While, the Audiovisual Media Services Directive (AVMS Directive) serving as the main regulation of audiovisual media services.
On 6 November 2018, the European Commission adopted a revised version of the AVMS Directive, AVMS Directive 2.0, which applies to broadcasts over terrestrial, cable, satellite and mobile networks as well as over the internet, and sought to apply the AVMS Directive to video-sharing platforms as well.
Singapore:
The Content Code released by the Infocomm Media Development Authority (IMDA) of Singapore requires all content on OTT Platforms to be classified into one of these six categories:
G- General
PG- Parental Guidance
PG13- Parental Guidance for Children below 13
NC16- No Children below 16
M18- Mature 18 (for adults aged 18 and above)
R21- Restricted to viewers 21 and above
Content rated NC16 and higher must also be accompanied by parental locks, and R21 content can only be offered if adequate age-verification mechanisms exist. All R21 content is also locked by default, and cannot be offered for free- it must be purchased.
What You Can Do:
It is clear that the world of broadcasting needs a policy that takes into account the nuances and differences that exist across the media landscape. A holistic and inclusive policy, requires a variety of perspectives, and it is only by making our voices heard that we can have a say in the policymaking sphere.
The draft bill is open for feedback at civis.vote. You can also send in your feedback via WhatsApp by sending the message ‘OTT’ on Civis’ number 8976926914 or click on this link to start the conversation.
—
Anahita Singh is a student at Banaras Hindu University and an intern with Civis’ Policy Leaders Internship Programme