Draft bill proposed to replace the Cable TV Networks (Regulation) Act

The Ministry of Information and Broadcasting on Friday released the draft Broadcasting Services (Regulation) Bill, 2023 for public consultation. The proposed regulation, once passed in Parliament, will replace the Cable TV Networks (Regulation) Act, which has served as the primary legislation for linear content since 1995. The new bill aims to create a consolidated legal framework for the broadcasting sector, including new-age platforms such as over-the-top (OTT) players.

In a message on X (earlier Twitter), I&B minister Anurag Thakur said the proposed legislation was in line with the government’s ‘ease of doing business’ policy.  
 

The regulation will require broadcasting and content platforms to form a self-regulating content evaluation committee to oversee content on their platforms. “We are trying to strengthen the self-regulation regime and create a content evaluation committee at the broadcaster level. …. The content that comes on the channel should be certified by the committee,” said a senior official in the I&B ministry.
 

The draft bill also proposes to replace the existing Inter-Departmental Committee (IDC), which is currently the apex body to settle grievances related to content, with a Broadcast Advisory Council (BAC).  The new body will have a chairperson who will be an independent authority with 25 years of experience in the media, entertainment or broadcasting sector. It will also have five independent members and the remaining five will be government nominees.
 

“The Broadcast Advisory Council, as the name suggests, will be an advisory body, and the final decision will be taken by the central government,” the official said.
 

The regulation proposes self-classification of content by broadcasters and robust access control measures for restricted content. It will further enable age-gating of content across platforms. “There is a need for age-gating because content is creating some issues in society, so there’s a mutual need for age-gating and that enabling provision is there in the draft bill,” the official explained. 
 

Going ahead, the ministry will come-up with a ‘negative list’ that will specify the type of content that does not require certification by the content evaluation committee.
 

The draft regulation will also introduce statutory penalties such as advisory, warning, censure, or monetary penalties, for operators and broadcasters, and only serious offences will be penalised with imprisonment. The monetary penalty will also be increased from Rs 1 lakh to Rs 5  lakh in accordance with the Supreme Court observation on the subject.
 

It also seeks to address the needs of persons with disabilities by providing for enabling provisions for issue of comprehensive accessibility guidelines, and through tools like subtitles, audio descriptor or sign language. 

The Bill at a glance

 

> The Bill will provide a legal framework for the broadcasting sector, including OTTs

> It will replace the Cable Television Network (regulation) Act, 1995

> The Bill proposes a content evaluation committee and 

Broadcast Advisory Council for 

self-regulating content

> It will enable age-gating of content across platforms

> The Bill will have a provision for penalty for offenders up to Rs 5 lakh