Centre to bring OTT, content creators under broadcasting regulations

Broadcasting Services Regulation (BSR) Bill latest updates: A draft Bill will likely be shared with stakeholders in the next few weeks

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The Ministry of Information and Broadcasting intends to include over-the-top (OTT) platforms and user-generated content within the scope of the Broadcasting Services Regulation (BSR) Bill, despite facing opposition from social media firms, civil society groups, and streaming companies, the Hindu Business Line reported on Friday.

However, the Centre has assured the stakeholders that it will adopt a differential approach for the regulation of these verticals, with a draft Bill likely to be shared with them in the next few weeks, the report added.

What is the purpose of new broadcasting Bill?

The Bill, proposed in November 2023, aims to consolidate a legal framework for the entire broadcasting sector, replacing all the existing policies.

In a meeting held on the issue on Tuesday, the ministry clarified that the new draft Bill will recognise the inherent differences between linear and on-demand broadcasting services. Linear broadcasting services include cable networks, which are currently governed by the Cable Television Networks (Regulation) Act of 1995.

How will digital media be regulated under new laws?

When the new regulations come into force, digital broadcasting will be governed by the information and broadcasting ministry. Currently, the social media platforms and the curated content on streaming sites such as Netflix and Amazon Prime are regulated by Part II and III of the IT rules under the Ministry of Electronics and Information Technology.

The ministry also clarified that “no entity will be deemed as a licensee under the TRAI Act unless notified by the MIB,” which means the telecom regulator’s foremost right to regulate the sector will also be subsumed.

According to the report, the proposed threshold to regulate the platforms and the content creators could be 1 million, which the stakeholders believe is not a very high benchmark.

The draft Bill has six chapters, 48 sections and three schedules, according to a press release issued by the Centre on November 10 last year. The media report noted that the industry has raised 14 objections to this draft Bill.