MIB Amends the Proposed Broadcasting Bill with New Clauses

The Ministry of Information and Broadcasting (MIB) informed stakeholders in its presentation during the consultation on July 9 that the government had added a new provision to the Draft Broadcasting Services (Regulation) Bill that gives the central government the authority to order any internet service provider or social media company to take “appropriate action for implementation” of the Bill. The MIB noted in the same presentation that the impact of the bill's inclusion of OTT and digital news services was the main area of worry for stakeholders.

November 10 was the date the Bill was made available for public comment. The I&B secretary instructed senior officials to provide the revised document to interested parties for feedback by July 31 at the July 9 meeting; however, the draft has not been distributed as of yet.

The MIB made it clear that there is a difference between linear broadcasters and on-demand broadcasting services, which the Bill recognizes by allowing for different program and advertising codes for them, in the presentation on July 9, the discussion that same day, and an email sent on June 3 (after the May 29 meeting). The current advertising and program codes will also be reviewed by the MIB, and any new codes will only be created after appropriate consultation.

According to MIB, the revised draft eliminates criminal sanctions for over-the-top (OTT) and digital news broadcasters who fail to notify the government when they cross a certain level. According to the November draft, transmitting content without registering or after it has expired might result in a punishment of ₹10 lakhs and/or up to two years in jail; for successive offenses, a fine of ₹50 lakhs and/or up to five years in jail.

OTT broadcasting services and anyone "who broadcasts news and current affairs programs" online, including through social media, are required to notify the central government of their operations if they have Indian subscribers or viewers above a threshold that will be determined, in contrast to all other broadcasters in the bill who are required to register with the government.

In the revised draft, streaming services would be recognized as "broadcasting services" rather than "broadcasting networks." There are alternative definitions for "operator of OTT broadcasting services," "publisher of online curated content," "publisher of news and current affairs content," and "digital news broadcaster."

The small teams "OTT and digital service broadcasters—ranging from a single person to a very small time" were a concern raised in the July 9 presentation. "Reaching to the subscriber threshold of 10lakhs etc. is not very high and they may also be subject to the provisions of the draft Bill," the concern stated. It will be taken into consideration during the regulation process, according to the MIB.Notably, even while the MIB acknowledged the issue, it did not take into account the possibility that digital news services would be equally little.

In the revised draft, the broadcasters will choose the makeup of the Content Evaluation Committee (CEC), which must pre-certify all content before to broadcast. Additionally, the CEC's certifications will no longer contain any information that may be used to identify the certifiers.

The Indian Broadcasting & Digital Foundation (IBDF), a trade association for TV broadcasters that is made up of Star, Viacom 18, and Times Television Network, among others, suggested in February that CEC be completely abandoned since it was unworkable financially and may result in pre-censorship.

According to the June 3 email, the MIB has also updated the definition of "broadcasting" in the new draft by removing the phrase "one too many" and adding the word "textual" to refer to "textual content like scrolls."

The revised draught now includes the negative list, or content that won't need CEC certification or screening. Although it was not included in the November draft, it was highlighted by Apurva Chandra, the then-secretary of I&B, when she introduced the bill in November. Programs like news and current affairs, ones that have previously received CBFC certification, live events, etc. are included on this category in the revised draft. The five members appointed by the central government from five ministries will not be able to vote in the revised draft in an attempt to soothe concerns about the independence and need of the Broadcast Advisory Council (BAC), which is designed to take up issues not handled by the self-regulatory organizations.

Additionally, as mandated by paragraph 6, OTT broadcasting services are not obligated to carry obligatory channels. The revised draft also incorporates several of Trai's proposals, including the establishment of a regulatory sandbox, a technological development fund for the broadcast industry, and clauses pertaining to BSPs' disaster management responsibilities.

The MIB responded to criticism of the bill's dependence on more than fifty delegated laws by stating that they are "crucial to ensure flexibility and adaptability" of the regulations governing the broadcasting industry.

The central government was given permission to regulate services other than broadcasting that are "intricately linked" to broadcasting networks or services in the November draft. "Teleport, DSNG vans and other similar services and an illustration has been added in the draft Bill to remove any scope of ambiguity," MIB stated in the email as to why it was intended to regulate them. The state-owned Prasar Bharti was suggested to be governed by the same laws as other broadcasters. The MIB responded by stating that the agency is looking into DD Free Dish-related matters independently.

Broadcasters and network operators have general duties

Similar to how rules governing traditional broadcasters have been in place, broadcasters and network operators now have general duties to adhere to the government's foreign direct investment strategy and standard operating procedures during natural catastrophes.

A few concessions made

The new bill spares online and over-the-top (OTT) news presenters from prosecution if they fail to notify the government when they cross a certain threshold (also known as "intimation"). According to the proposed Bill, digital news broadcasters and over-the-top (OTT) providers will be considered to have given notice if their subscription and audience counts fall below a certain level.

The 2023 Bill granted the government the authority to exclude over-the-top (OTT) broadcasters from legal requirements in the event that they failed to reach the specified threshold of active users or subscribers. According to the 2024 bill, the federal government may "relax, through Guidelines, any requirement contained in any of the provisions of this Act" "if it considers or expedient so to do for avoiding genuine hardship on such other OTT broadcasting service operators or Digital News Broadcasters, who constitute any distinct class or group."

The revised draft now includes the negative list, which is content that will not need to be certified or vetted by the broadcaster's internal content assessment committee (CEC), as HT reported on July 14. These consist of shows that have previously received official certification for public viewing in India from any statutory organization (such as films approved by the CBFC), news and current affairs shows, educational shows, live events, and kid-friendly cartoons.

The broadcasters are no longer obligated to provide the identities and qualifications of the CEC members. All that is needed of them is to notify the national authorities.

As per the latest law, self-regulatory organizations that were previously established by the federal government under the IT Rules, 2021, for streaming platforms and digital news broadcasters, would also be considered to have been registered under the Broadcasting Act.

Only cable broadcasting networks, radio broadcasting networks, and any other broadcasting network or service announced in the gazette are now eligible for equipment seizure and confiscation powers. There has also been a glaring omission from the part regarding broadcasters' right of way.

Anti-piracy clauses

A clause on anti-piracy measures is also included in the 2024 law, which forbids anybody from using any content that infringes on another person's copyright in their programs. Additionally, the Bill gives the federal government the authority to create "a dedicated task force."

Anti-piracy clauses

A clause on anti-piracy measures is also included in the 2024 law, which forbids anybody from using any content that infringes on another person's copyright in their programs. Additionally, the Bill gives the federal government the authority to form "a dedicated task force or unit" to look into and stop piracy.

Testing of new broadcasting technologies in a regulatory sandbox

The new bill states that in order to "encourage and facilitate innovation and technological development in broadcasting," the central government may establish one or more "regulatory sandboxes." A regulatory sandbox is a "live testing environment where new products, services, processes, and business models" that allows for the temporary deployment of new initiatives on a restricted user base while still adhering to applicable regulations.

Along with measures to establish a regulatory sandbox, there are also regulations to combat piracy. Criminal sanctions will no longer apply to streaming services and digital news broadcasters who fail to notify the central government about their operations.