A new bill has created a buzz in the town, which can affect the news and content you are watching. The government has been aiming to make India a global content production hub. A broadcasting bill is a legal framework that states the regulation and defines the ways of operation and management of broadcasting in any country. The bill covers content regulations, ownership restrictions, technical standards, etc. Broadcasting policies can affect the country in ways such as content regulation, Media ownership, Public Service Broadcasting, Technical Standards, Digital transition, etc.
It was 10 November 2023 when the Ministry of Information and Broadcasting brought up a new broadcasting bill consisting of a Programme code with the Content Evaluation Committee(CEC) for every OTT platform known as the Broadcasting Services Regulation Bill. If passed, the bill will replace the three-decades-old Cable Television Network Regulation Act of 1995. The bills reflect high chances of widening the scope of the last bill. The Ministry of Information and Broadcasting says the bill will serve the evolving needs of the broadcasting sector driven by the influence of new technology and the internet. The 1995 act came at a time when the Internet was not a part of our daily lives, But today, an Internet connection is an integral part of human lives through which we can access news and consume content anywhere from everywhere, and things have changed a lot. The bill has raised some valid concerns among broadcasters and legal experts about how it may censor online content. It may not be restricted to the OTT platforms but will also cover various channels such as print and YouTube journalists.
Let us delve into the news bill to understand how it can influence the news. News and Current affairs programs, according to the Draft Broadcasting Services (Regulation) Bill 2023, are newly received or noteworthy audio, visual, or audio-visual programs or live programs that include analysis of recent events primarily of socio-political-economic or cultural nature or any programs transmitted or retransmitted on a broadcasting network, where the context, purpose, import, and meaning of such programs implies so.
Earlier this month, approximately 300 citizens, journalists and civil society organizations wrote to the government expressing apprehensions about the consultation process for the draft bill. They urge the ministry to provide wide publicity of the draft bill across media platforms and undertake open houses and in-house public consultation on the bill. They further demanded the text of the draft bill and accompanying explanation be published and made available to the public in all scheduled languages of the constitution to extend the reach of the people during the consultation period. The Government has also extended the deadline for receiving public comments on the bill till mid-January 2024 after the extension.
It stated in Clause 20 that any person engaged in broadcasting news and current affairs programs through mediums such as an online paper, news portal website, social media intermediary, or other similar mediums that exclude Publishers or Newspapers and replicas of e-papers of such newspapers as part of a systematic business professional or commercial activity adhere to the program code and advertisement code. The code is yet to be released. The program code of the Cable Television Act had provisions that said things like the program should not affect good taste, not contain anything affecting the integrity of the nation, and should not encourage anti-national attitudes.
The question now arises is how the bill will change things. Firstly, any given content will be evaluated by the content evaluation committees, and only those programs certified by this committee will be broadcast. It will be an in-house committee by the broadcaster, but the central government may prescribe the number of members in the committee and other such details. Now, after the CC approves the content it broadcasts but if anyone has any issue with the content after that, the draft bill suggests a three-tier regulatory system. Out of which the first is the self-regulation by broadcasters and broadcasting network operators. Secondly, it is a self-regulatory organization such as Digipub or Nbda. Lastly, the Broadcast Advisory Council would consist of one eminent independent with expertise in the field, five officers nominated by the central government to represent various Ministries, and five different independent persons nominated by the Central Government with expertise in the field of media and entertainment, etc. Several studies have also highlighted the shift of people from traditional consumption of news toward online platforms, so the government has made efforts to tighten its grip on digital media much of which is considered relatively independent compared to traditional TV networks. For example, The IT rules introduced in 2021 have been challenged in several codes for their attempt to stipend free speech. Now, the draft bill also states that no prior permission or intimation shall be required to exercise the right of the central government or its authorized officers or agency to carry out an inspection and if an authorized officer has reason to believe that guidelines are not being followed they may seize the equipment of such broadcasting networks. The draft bill will also mandate that broadcasters maintain records of subscribers and undertake periodic external audits of subscriber data; this has also raised some privacy concerns.
A welcoming move through the bill has been brought up, which is accessibility guidelines for persons with disabilities. Later, it would be published by the Ministry of Information and Broadcasting. It may include requirements for supplement video programs, and providing subtitles of different fonts, colors, and sizes. It would also serve blind people by providing audio descriptions in various languages. Translation of audio and content of videos, whenever appropriate to sign language, would make the content accessible to people with any disabilities and increase and widen the consumers of the content by including these specially-abled audiences, promoting inclusivity. The two concerns with the bill are twofold. First, the promotion of self-censorship on broadcasting networks due to the persistent government oversight, and second, the potential for restrictions on the online free speech of individuals and independent media.
The question yet to be answered is why there is so much emphasis on broadcasting policies. Poor policies can lead to Censorship and lack of freedom of expression, corruption, lack of accountability, Undermining public trust, Bias, and propaganda. To conclude, broadcasting policies need to evolve to cater to the needs of this era, where people are consuming information in such a large amount.
Written by – Riya Kumari Shah
Edited by – Archi Agarwal