India Proposes Comprehensive Regulatory Overhaul for Broadcasting Services, Including OTT Platforms

OTT streaming platforms may soon be subject to new regulations. On November 10, 2023, the Ministry of Information and Broadcasting unveiled the draft Broadcasting Services (Regulation) Bill, 2023. This bill, open for public input until December 9, 2023, is poised to replace the Cable Television Networks (Regulation) Act, 1995.

Its primary aim is to establish a comprehensive framework for regulating broadcasting services in India, encompassing cable, radio, satellite, terrestrial, and internet broadcasting networks, including OTT services.

Here are the key highlights from the Bill:
Inclusion of OTT Platforms:
OTT broadcasting services falling under the Bill's purview must meet certain criteria, such as being available on-demand/live in India, featuring a curated catalogue of programs, and requiring additional hardware and/or software for non-smart TVs/viewing devices.
Inclusion of User-Broadcasters of News and Current Affairs:
Individuals systematically broadcasting news and current affairs programs through online papers, news portals, websites, or social media intermediaries as part of a business, professional, or commercial activity will need to comply with the regulations applicable to OTT broadcasting services.
Compliance Requirements:
Broadcasters, including OTT platforms, are mandated to adhere to a Programme Code and Advertisement Code. The government may introduce distinct codes for different broadcasting services. In case of violations, penalties may range from content deletion or modification to advisories, warnings, channel suspension, or monetary fines.
Three-Tier Regulatory Structure:
The Bill establishes a three-tier regulatory structure, mirroring the Digital Media Ethics Code, comprising a grievance officer, self-regulatory organizations, and a Broadcast Advisory Council. Additionally, broadcasters must seek certification for each program from a Content Evaluation Committee, composed of eminent members from diverse social groups.
Powers of the Central Government:
The government is granted the authority to inspect and seize equipment, prohibit the operation of broadcasting services in the public interest, or prevent the transmission/re-transmission of any program or channel on specified grounds. These grounds include considerations of sovereignty, integrity, security, friendly relations, public order, decency, morality, and the prevention of enmity based on religion or caste.
Penal Consequences and Fines:
The Bill introduces various penalties, such as censure, apology, advisory, and financial penalties, for contraventions. Operating a broadcasting service without registration may lead to imprisonment. #broadcastingregulation #ottplatforms #mediaethics #digitalmedia #contentregulation #broadcastingservices #regulatoryframework #mediacompliance #governmentpowers #contentevaluation #penalconsequences #financialpenalties #medialaws #legalupdates #Indiamedia #legalrecruitment