Syllabus
GS Paper 2 – Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
GS Paper 3 – Awareness in the fields of IT, Space, Computers, Robotics, Nano-technology, Bio-technology and issues relating to Intellectual Property Rights.
Context
The government’s OTT oversight | The Hindu
For three decades, the Cable Television Networks (Regulation) Act of 1995 has been the governing law for linear broadcasting. However, with the advent of new platforms like DTH, IPTV, and OTT, brought about by technological advancements, it has faced numerous challenges. Recognizing the need for a more comprehensive law to regulate the digitized broadcasting sector, the Ministry of Information and Broadcasting in India has proposed the Broadcasting Services (Regulation) Bill, 2023. This bill appears to be a forward-thinking and adaptable framework that is poised to shape the future of broadcasting regulation in India.
Key features of the Bill:
- Accessibility for Persons with Disabilities: The bill caters to the unique needs of individuals with disabilities by incorporating provisions that allow for the creation of comprehensive accessibility guidelines.
- Statutory Penalties and Fines: The draft Bill introduces statutory penalties, such as advisories, warnings, censures, and monetary penalties, applicable to operators and broadcasters.
- Provisions for Serious Offenses: The provision for imprisonment and/or fines is retained, but it is only applicable for very serious offenses, ensuring a balanced approach to regulation.
- Equitable Penalties: The monetary penalties and fines are determined based on the financial capacity of the entity, considering their investment and turnover to ensure fairness and equity.
- Infrastructure Sharing, Platform Services, and Right of Way: The bill includes provisions for infrastructure sharing among broadcasting network operators and the carriage of platform services. It also refines the Right of Way section to more efficiently address relocation and alterations and establishes a structured dispute resolution mechanism.
Arguments in favour of Bill:
- Pivotal Legislation: The Information & Broadcasting Minister describes the bill as a “pivotal legislation” that aims to modernize the regulatory framework, adapting to the dynamic world of OTT, digital media, DTH, IPTV, and emerging technologies.
- Accessibility Guidelines: The bill also provides comprehensive accessibility guidelines for the Divyangjan community.
- Empowerment of Broadcasters: The bill introduces provisions to empower broadcasters with self-regulation mechanisms, aiming to strike a balance between regulatory oversight and industry autonomy.
- Differentiated Approach to Codes: The draft Bill allows for a differentiated approach to Programme and Advertisement Codes across various services, enabling regulations to be tailored to suit the nature of linear and on-demand content.
- Fairness Measures: The bill links monetary penalties to the investment and turnover of the entity, ensuring fairness. Penalties are proportionally determined based on the entity’s financial standing, meaning larger corporations may face higher fines.
- Stakeholder Involvement: The bill involves stakeholders through public consultation. The industry welcomes this initiative for a unified law, anticipating it to streamline compliance and enforcement processes.
Arguments against the Bill:
- Concerns Over Control and Regulation: The bill has raised questions about its true focus, whether it is genuinely on public service or on increasing government control and regulation. There are fears that the bill may enhance government control over digital infrastructure and citizens’ viewing choices.
- Ambiguity in the Draft Provisions: A specific provision (point 36) in the draft highlights the broad and ambiguous language that gives authorities the power to prohibit content. This raises questions about the influence of “authorized officers” operating under government direction.
- Potential Effects on Minority Communities: There are concerns that the bill might lead to the erasure or selective representation of Indian minority communities. The vague language in the draft could be manipulated to promote a universal majority identity of India.
- Issues with Existing Cable Regulation: The Cable Television Networks (Regulation) Act,1995, initially aimed at curbing illegal cable operators, lacked transparency due to the nexus involving operators, politicians, entrepreneurs, and broadcasters. The new bill fails to address the loopholes and issues in the implementation of the existing Act, including conflicts of interest and opaque practices within the Indian media industry.
- Government’s Trust Deficit: The bill scrutinizes the recent history of the ruling government with media regulation, highlighting a pattern of unfulfilled promises and questionable outcomes. The bill draws parallels with the controversial IT Rules, 2021, introduced for national welfare.
- Tendencies Towards Oligopolistic Media Ownership: Amid debates on “cultural invasion” and “anti-national” programming, the nexus of government officials and media houses may foster oligopolistic media ownership tendencies.
Steps ahead:
- Comprehensive Legislation: The development of a comprehensive and modern legislative framework is needed, one that covers all aspects of broadcasting, including traditional television, OTT platforms, digital media, and emerging technologies. It should encourage competition among broadcasters and content creators to foster content diversity and avoid media ownership concentration to ensure a plurality of voices and perspectives.
- Stakeholder Consultation: Stakeholder consultation should be prioritized to gather insights from industry experts, content creators, broadcasters, and the public. This ensures a diverse range of perspectives to create well-informed regulations.
- Adaptability to Technology: Regulations should be designed to be adaptable to technological advancements. Given the rapidly evolving nature of the media landscape, it’s crucial to ensure that regulations remain relevant and effective over time.
- Content Classification and Ratings: A robust content classification and rating system should be implemented to provide clear guidelines for audiences. This ensures that viewers can make informed choices and helps in regulating content based on appropriateness.
- Independent Regulatory Body: An independent regulatory body should be established with the authority to enforce and monitor compliance. This ensures transparency, impartiality, and accountability in regulatory decisions.
- Differentiated Approach for Platforms: The diversity of broadcasting platforms, including traditional TV, OTT, and digital media, should be recognized. A differentiated approach in regulation should be adopted, acknowledging the unique characteristics and challenges of each platform.
- Regular Review and Update: A mechanism for regular review and update of regulations should be established. This allows the regulatory framework to stay abreast of technological changes, societal shifts, and emerging challenges.
- Clear Enforcement Mechanisms: Clear enforcement mechanisms for regulatory violations should be defined. A fair and efficient process for handling complaints, investigations, and sanctions should be established to maintain the integrity of the regulatory framework.
- Promote Media Literacy: Investment in media literacy programs is needed to educate the public about responsible media consumption. Informed viewership contributes to a healthier media environment and reduces the need for excessive regulatory measures.
- International Best Practices: International best practices in broadcasting regulation should be studied and incorporated. Learning from the experiences of other countries to adopt effective strategies is important, while considering the unique cultural and social context of India.
Broadcasting Regulation is more than just adherence to rules; it’s about fostering an environment that promotes growth, innovation, and fair access to communication services. By striking the perfect balance between regulatory oversight and industry independence, India can strategically pave the way for enduring success in the rapidly progressing telecommunications sector.
Source: The Hindu
Practice Question
Discuss the potential impact of the Broadcasting Services (Regulation) Bill, 2023 on the Indian media landscape. In your answer, consider its implications for industry autonomy, content regulation, and the representation of minority communities. Also, critically analyze the concerns raised about government control and regulation. (250 words)