What's Brewing

The Broadcasting Services (Regulation) Bill 2023 was introduced by the Ministry of Information & Broadcasting (‘I&B Ministry’) with the objective of establishing a regulatory framework for broadcasting services in India. Broadcasting is electronically transmitting information of any kind to the public.  

The highlights of the draft bill are as below:

1. The Bill lays down definitions for various activities including but not limited to : “Addressable System”, “Audience Measurement Service”, “Broadcasting”, “Broadcasting Network”, “Broadcasting Network Operator”, “Broadcaster”, “Subscriber”, “Platform Service”, “Broadcasting Advisory Council”, etc. 
2. Broadcasting Networks (‘BN’) are categorised into the following four parts, for the purpose of applying the various provisions of Regulation of their services:
   Part A – Cable BN, Satellite BN and all Broadcasters in general.
   Part B – Radio BN.
   Part C – Internet BN.
   Part D – Terrestrial BN.
3. Broadcasting Network Operators: (‘BNO’) 
   (i) BNOs are classified as:
   a. Local Cable Operator 
   b. Multi-System Operator 
   c. Direct-To-Home Operator 
   d. Headend-In-The-Sky (HITS) Operator 
   e. Internet Protocol Television (IPTV) Operator 
   f. Over-The-Top (OTT) Broadcasting Service Operator 
   g. Radio Broadcasting Service Operator and 
   h. Terrestrial Broadcasting Service Operator.
   (ii) Non eligibility to become BNO:
   a. Central/State governments, their departments, undertakings, joint ventures and private entities funded by the governments, as also their officers, are not eligible to become BNOs.
   b.Political parties as also their members are not eligible to become BNOs.
   (iii) Registration: The Bill designates authorities for the purpose of registration of service operator entities. It also lays down the procedure for registration of the service operators. Registration with the designated government authority or, in some cases, formal intimation to the authority is a pre-requisite for operating a broadcasting network.
   (iv) Renewal: Periodic renewal is needed; failure will result in registration cancellation.
   (v) Suspension/Revocation: Authority can suspend/revoke registration, after due notice, if terms are violated.
   (vi) Appeals: BNO can appeal to Appellate Authority against refusal to register or renew; suspension or revocation of registration within 30 days from the date of the order which is being appealed against. 
   (vii) Obligations of BNOs: Following are among the obligations to be complied with by the BNOs:
   a. Conformity and compliance with (i) technical and commercial terms as may be prescribed by the authority (ii) Programme and Advertisement Code prescribed (iii) all orders/directions issued by the authority.
   b. Furnishing of all data/information sought by the authority in the prescribed format. 
   (viii) Compulsory Transmission: BNOs shall mandatorily transmit, without any alterations, certain channels notified by the authority/central government, such as: Doordarshan and Parliament TV.
   (ix) Guidelines for Platform Services (‘PS’): PS means programmes and advertisements telecast by the BNO exclusively for its own subscribers. PS excludes: Doordarshan channels, other registered TV channels and foreign TV channels not registered in India. BNOs wanting to provide PS shall register with the authority in the manner prescribed which may differ for each classification of BNO.
4. Content Standards, Accessibility & Control Measures
   (i) Code or Set of Rules/Standards shall be prescribed by the authority for both Programmes i.e. Content and for  Advertisements, which shall be strictly adhered to by the BNO. These Codes shall vary according to the classification of the BNO.
   (ii) News and Current Affairs broadcast by any online medium except print medium shall also be governed by a prescribed Programme and Advertisement Codes.
   (iii) BNOs can ‘self-classify’ their programmes themselves based on guidelines prescribed by the authority and based on the theme, tone, impact and target audience. Such classification shall be displayed by BNO at the beginning of the program
   (iv) BNOs shall exercise ‘access control’ measures based on prescribed guidelines for their programmes.
   (v) I&B Ministry shall prescribe Accessibility Guidelines to facilitate the accessibility of programmes by subscribers with physical disabilities for all BNOs to comply with. Subtitles in various languages, audio description of the content are a few measures to supplement the programme. BNOs shall submit annual reports in prescribed form on accessibility by the disabled. Penalty shall be leviable for non-compliance.
5. Regulatory Structure
   A 3-tier structure shall be established for regulation of BNs consisting of:
   a. Self-Regulation by the BNO
   b. Self-Regulatory Organisations created within the broadcasting industry by member BNOs, duly approved by the authority and
   c. Broadcasting Advisory Council (‘BAC’), the apex body for regulation of BNOs, all done as per specific guidelines prescribed by the authority i.e. central government. BAC shall comprise one person of eminence and vast media experience as chairperson, five ex officio members from the central government and five members of eminence and media experience. BAC shall adjudicate on appeals, complaints and grievances and   give recommendations to the central govt.
6. Inspections and Penalties
   (i) Central govt or its authorised agency can inspect the working of the BNO without permission, for which the equipment and arrangements are to be done by the BNO at his cost. Except in special cases, due intimation shall be given to the BNO for the inspection.
   (ii) The equipment of a defaulting BNO can be seized by the authority; the seized equipment can be confiscated if the fault is not rectified within a stipulated period. Before confiscation, the BNO shall be given due intimation and opportunity to present his case or rectify the fault.
   (iii) Appellate Court can be approached by BNO against the confiscation. The decision of this court cannot be subjected to further appeal elsewhere.
   (iv) Confiscation of his equipment does not exempt the BNO from levy of penalty, except when he can prove no knowledge of the contravention as well as due diligence to prevent it. Penalties include a fine or imprisonment or both.
   (v) Schedule I contains Penalties based on the category of the BNO; Penalties for contravention of provisions other than Programme/Advertisement Code; Penalties for contravention of provisions of Programme/Advertisement Code.

The Broadcasting Bill 2023 seeks to replace the Cable Television Network Act 1995 by plugging the loopholes therein and introducing a comprehensive legislation for monitoring broadcasting activities in India. The Bill aims to strike a balance between regulating content while promoting Indian talent across the world and ensuring accountability from service providers.

For full text of the guidelines:
https://prsindia.org/files/bills_acts/bills_parliament/2024/Draft_Broadcasting_Services_(Regulation)_Bill_2023.pdf