MIB’s proposed new broadcasting regulations to include OTT and strengthen self-regulation

India is on the cusp of a significant regulatory overhaul in its broadcasting sector with the introduction of the Broadcasting Services (Regulation) Bill, 2023, aiming to replace the Cable Television Networks (Regulation) Act of 1995.

While simplification of the regulatory framework is a key objective of the bill, there is strong focus on the consolidation of existing laws, policies, and guidelines, with a notable inclusion of online news publishers and Audience Measurement Services into the regulatory fold.

As per the draft, the self-regulation regime is set to be strengthened through the establishment of Content Evaluation Committees and a Broadcast Advisory Council. Self-regulating bodies will be empowered to penalise their members for contraventions of norms and articles or Programme code and Advertisement code, utilising both monetary and non-monetary penalties.

What is the Programme Code and Advertising Code

Section 19 of the draft elaborates on the Programme Code and Advertising Code, wherein it says any programme transmitted or re-transmitted as broadcasting services shall be in conformity with the Programme Code, as may be prescribed. Any advertisement transmitted or re-transmitted as broadcasting services shall be in conformity with the Advertisement Code, as may be prescribed. Different Programme Code and Advertisement Code may be prescribed under sub-section (1) and (2) for programmes and advertisements broadcast through linear broadcasting services, on-demand broadcasting services radio broadcasting services and any other category of broadcasting service as notified by the Central Government.

News and current affairs programmes

For news and current affairs programmes, any person who broadcasts news and current affairs programs through an online paper, news portal, website, social media intermediary, or other similar medium but excluding publishers of newspapers and replica e- papers of such newspapers, as part of a systematic business, professional, or commercial activity shall adhere to the Programme Code and Advertisement code referred to in Section 19.

Self-classification by broadcasters

Moving on to self-classification by broadcasters, the Central Government may issue guidelines for broadcasters to classify their programmes under the categories specified thereunder, having regard to the context, theme, tone, impact and target audience of such content, with the relevant rating for such categories based on an assessment of the relevant content descriptors specified in such guidelines.

The classification shall be displayed prominently at the beginning of the programme, in such form and manner specified in the guidelines, to enable users to make an informed decision about such programmes.

Self-certification by the Content Evaluation Committee

As per the draft regulations, every broadcaster or broadcasting network operator shall constitute one or more ‘Content Evaluation Committee’ or CEC, consisting of members who are eminent individuals representing different social groups, including but not limited to women, child welfare, scheduled castes, scheduled tribes, minorities etc., and with such other relevant criteria as may be prescribed.

The Central government may prescribe the number of members in CEC, quorum required, and such other details to facilitate the formation of CEC and its smooth functioning.

The draft also says that every broadcaster or broadcasting network operator shall intimate the Central Government and also publicise the names, credentials and other details of members of CEC on its website and in such form and manner, as may be prescribed.

Every broadcaster or broadcasting network operator shall broadcast only those programmes which are duly certified by the CEC. Provided that the Central Government may prescribe the programmes on which requirement of certification from CEC shall not apply.

The certificate issued by CEC shall contain such particulars and be displayed in such manner as may be prescribed. The provisions of this section shall be applicable after 180 days of coming into force of this Act.

The provisions of this chapter shall be applicable, in case of cable broadcasting network operators, satellite broadcasting network operators and IPTV (Internet protection television) Network operators, to only such operators, who provide Platforms services on their network, and limited only to the content broadcasted on such platform services.

Self-regulation by broadcasters and broadcasting network operators

Every broadcaster and broadcasting network operators shall appoint a grievance redressal officer for the purpose of receiving and hearing complaints in contravention of Programme code and the Advertisement code. They should also be a member of a self-regulatory organisation constituted in accordance with section 26 (the section defines self-regulatory organisations of broadcasters and broadcasting network operators)

As per the draft, broadcasters shall also establish and maintain suitable mechanisms for the filing and redress of complaints referred to in clause (a), in such form and manner as may be prescribed; and publish information related to complaint redressal mechanisms prominently in such form as may be prescribed.

Broadcast Advisory Council

The Central Government shall constitute, for the purposes of this Act, a Broadcast Advisory Council, consisting of one eminent independent person with not less than twenty-five years of experience in the fields of media, entertainment, broadcasting and other such relevant fields. – Chairperson followed by five officers nominated by the Central Government to represent the Ministry of Information and Broadcasting, Ministry of Women and Child Development, Ministry of Home Affairs, Ministry of External Affairs, and Ministry of Social Justice and Empowerment -members, ex officio. The council shall also have five eminent independent persons, nominated by the Central Government, with experience in the fields of media, entertainment, broadcasting, child rights, disability rights, rights of women, human rights, law and other such relevant fields.

The term of office of an ex-officio member shall come to an end as soon as he ceases to hold office by virtue of which he was nominated.

The Broadcast Advisory Council shall meet at such times and places as may be appointed by it and shall observe such rules of procedure in regard to its quorum and the transaction of business at its meetings, as may be specified by guidelines.

The Broadcast Advisory Council shall hear complaints regarding violation or contravention of the Programme Code or Advertisement Code that may arise out of appeals filed by complainants against the decision of the self-regulating organisations, in such form and manner as may be prescribed.

The Broadcast Advisory Council shall also examine complaints or grievances received by it, or referred to it, and make the recommendations to the Central Government as per the provisions of Section 35.

The Central Government may, after taking into consideration the recommendations of the Broadcast Advisory Council, issue appropriate orders and directions.