Introduction

The Broadcasting Regulation Bill 2024, currently under scrutiny, aims to introduce a comprehensive regulatory framework for various broadcasting mediums, including television, OTT platforms, and digital news. This bill seeks to replace the outdated Cable Television Networks Act of 1995, reflecting the evolving landscape of digital media. However, it has sparked significant debate, particularly concerning potential digital authoritarianism and the broader implications for digital content creators.

Key Features of the Broadcasting Regulation Bill 2024

1. Regulating Mechanism: The bill categorizes broadcasters and broadcast network operators, mandating television networks to register with the central government, while OTT platforms must notify after reaching a specific subscriber threshold.
2. Unified Regulatory Framework for Broadcasting: Extending its regulatory scope, the bill covers OTT content and digital news, areas previously governed by the IT Act, 2000.
3. Programme and Advertisement Code: News and current affairs broadcasts, excluding print news, must adhere to prescribed programme and advertising codes.
4. Self-Regulation: The bill outlines a self-regulatory structure encompassing:
5. Self-regulation by broadcasters
6. Formation of self-regulatory organizations
7. Establishment of a Broadcast Advisory Council
8. Content Evaluation Committee (CEC): Broadcasters must set up internal CECs to certify all broadcast content.
9. Accessibility for Persons with Disabilities: Promotes the use of subtitles, audio descriptors, and sign language, alongside appointing a Disability Grievance Officer.
10. Penalties: Imposes penalties ranging from advisories to fines, with severe offenses potentially leading to imprisonment.
11. Infrastructure Sharing Provisions: Encourages infrastructure sharing among broadcasting network operators.
12. Dispute Resolution: Introduces a structured mechanism for resolving disputes.

Significance of the Broadcasting Regulation Bill 2024

1. Consolidation and Modernisation: By replacing the Cable Television Networks Act, 1995, the bill modernizes regulations to keep pace with advancements in digital media.
2. Promoting ‘Ease of Doing Business’: The inclusion of a dispute resolution mechanism aims to simplify operations within the broadcasting domain.
3. Advancing ‘Digital India’: Encourages technological progress and service evolution, furthering the ‘Digital India’ initiative.

• Right of Way: Facilitates easier network rollout for cable operators by providing a streamlined permission process.
• Infrastructure Sharing: Enhances efficiency and reduces costs for broadcasters, akin to benefits seen in the telecom sector.
• Empowering Broadcasters: Self-regulation mechanisms, including the establishment of CECs, offer broadcasters greater autonomy.
• Enhancing Accessibility: Improves the accessibility of broadcasting services for persons with disabilities, contributing to ‘ease of living’.

Concerns Surrounding the Broadcasting Regulation Bill 2024

1. Threat of Digital Dictatorship: Critics argue that classifying individual commentators and content creators under stringent regulations could lead to increased government control over digital media.
2. Additional Compliances for Online Platforms: Establishes a new regime, adding to existing IT Rules, 2021, potentially leading to enforced censorship and additional compliance burdens.
3. Issues with CECs:
4. Government-prescribed criteria for CECs raise independence concerns.
5. Disclosure of personal details of CEC members threatens privacy and safety.
6. Contradicts Digital Personal Data Protection legislation.
7. Broadcast Advisory Council (BAC) Concerns: Government-nominated BAC members could result in biased content censorship.
8. Selective Targeting of Journalists: Potential misuse of the bill to selectively target journalists, reminiscent of the controversial IT Rules 2021.
9. Impact on Minority Communities: Vague language in the bill might lead to misrepresentation or erasure of minority community narratives.
10. Conflict of Interest: The bill fails to address potential conflicts of interest and opacity in media regulation.
11. Oligopoly in Media Ownership: Risks creating an oligopolistic media environment through government-media house collusion.
12. Reduced Autonomy for OTT Platforms: Stringent rules and codes could increase the operational burden on OTT broadcasters, negatively impacting user experience and costs.

Way Forward

Addressing the challenges posed by the Broadcasting Regulation Bill 2024 necessitates a multi-faceted approach:

1. Stakeholder Consultation: Engaging with industry experts, content creators, and the public to gather extensive feedback.
2. Promotion of Media Literacy: Investing in media literacy programs to foster responsible media consumption.
3. Responsible Media Practices: Upholding journalistic ethics to maintain the media’s role as the fourth pillar of democracy.
4. Ensuring Independence of Regulatory Bodies: Including industry and civil society members in CEC and BAC to ensure impartiality.

Conclusion

While the Broadcasting Regulation Bill 2024 aims to modernize and streamline broadcasting regulations, it is crucial to address the concerns raised to ensure a balanced and fair regulatory framework that supports both industry growth and democratic principles.