Broadcasting Regulations in India

• The Broadcasting Services (Regulation) Bill, 2024, has raised concerns among digital content creators and media rights activists, who argue that it could threaten free speech and increase government control over digital platforms.
• Objective: The bill aims to regulate digital media, OTT platforms, and independent content creators by establishing a structured regulatory framework.

Major Regulatory Provisions

1. Registration of Broadcasting Services: All broadcasters and broadcasting network operators must register under a defined process based on their category.
2. Regulation of News & Current Affairs: News and current affairs programmes must comply with a programme code and advertisement code to ensure responsible content.
3. Self-Regulatory Structure: A three-tier framework is introduced, comprising (i) self-regulation by broadcasters, (ii) self-regulatory organisations, and (iii) a Broadcast Advisory Council for oversight.
   • Additionally, each broadcaster must establish a Content Evaluation Committee (CEC) for internal content certification.
4. Accessibility Measures: Guidelines are implemented to ensure inclusivity for persons with disabilities in broadcasting services.
5. Offences & Penalties: Includes fines up to ₹10 lakh or 2 years imprisonment for unregistered operations, ₹50 lakh or 5 years imprisonment for repeat offences, and penalties for registered entities based on turnover and investment.

Need for the Broadcasting Services (Regulation) Bill, 2024

• Outdated Regulations: The existing Cable Television Networks Act, 1995 does not cover modern digital platforms like OTT services, YouTube, and digital news portals, leading to regulatory gaps.
• Rapid Growth of Digital Media: With 500M+ internet users, India’s OTT and digital content industry is expanding, necessitating updated regulatory frameworks.
• Standardised Content Guidelines: Unlike traditional broadcasters, OTT platforms currently self-regulate under the IT Act, 2000, leading to inconsistencies. E.g., OTT controversies like ‘Tandav’ show the lack of uniform norms.
• Curbing Misinformation & Deepfakes: The rise of fake news and manipulated content, especially during elections, demands stricter oversight to prevent mass misinformation. E.g., deepfake videos spreading misleading narratives on social media.
• Enhancing Accessibility: The bill proposes mandatory subtitles, audio descriptors, and sign language interpretation for inclusivity. E.g., platforms like Disney+ Hotstar and YouTube provide captions, but a uniform policy is absent.

Challenges of the Broadcasting Services (Regulation) Bill, 2024

• Threat to Free Speech: The bill grants the government excessive power to define “objectionable content,” risking political censorship & suppressing dissenting voices like independent journalists & creators.
• Impact on Independent Content Creators: Increased content oversight could stifle investigative journalism and alternative viewpoints, potentially limiting public discourse on critical issues like corruption and electoral transparency.
• Risks of Government Overreach: Laws like the Maharashtra Special Public Security Act, 2024, set a dangerous precedent for labeling critics as “anti-national,” undermining democracy and free expression.
• Stifling Innovation and Digital Growth: Excessive regulation may deter startups and independent media ventures, leading to consolidation by larger players, and harming the diverse and rapidly growing digital economy.

Criticism of the Broadcasting Services (Regulation) Bill, 2024

• Regulatory Inconsistencies: OTT platforms face different regulations from traditional media, creating disparities.
• Excessive State Control: The bill risks overregulation of both traditional and digital media, undermining editorial independence.
• Ambiguity in Content Codes: Vague program codes may lead to self-censorship, as seen in OTT controversies like ‘Tandav.’
• Reintroduction of Criminal Penalties: The bill revives criminal penalties for certain media offences, reversing the trend of decriminalising such issues.

Way Forward

• Independent Regulatory Bodies: Ensure autonomy of BAC and CEC with multi-stakeholder representation, including civil society, legal experts, and industry leaders.
• Strengthened Self-Regulation: Empower industry-led self-regulatory bodies for OTT and digital platforms, ensuring transparency and minimal state interference.
• Clear Definition of Content Restrictions: Avoid vague terms like “objectionable content“; align restrictions strictly with Article 19(2) of the Constitution.
• Stakeholder Consultation: Involve journalists, digital creators, legal experts, and public representatives in policymaking through open consultations.
• Judicial Oversight: Establish an independent tribunal or judicial review process for content takedown appeals, ensuring accountability.
• Media Literacy and Ethical Journalism: Implement training programs for journalists and content creators to promote responsible and transparent reporting.
• Transparency in Government Actions: Mandate public disclosure of all takedown requests and content restrictions to prevent arbitrary censorship.
• Align with Global Best Practices: Adopt models like the EU’s AVMSD, ensuring balanced regulation without stifling digital innovation and free speech.

The Broadcasting Services (Regulation) Bill, 2024 seeks to establish a balanced framework that ensures media freedom, accountability, and public interest. Its success depends on stakeholder engagement, ethical journalism, and independent regulation.

Reference: The Hindu

PMF IAS Pathfinder for Mains – Question 113

Q. In the era of digital journalism and social media, the role of media as the fourth pillar of democracy is under scrutiny. Critically analyze the ethical challenges faced by the media and suggest effective measures to uphold media ethics. (250 Words) (15 Marks)

Approach

• Introduction: Write a contextual introduction by mentioning the latest India’s Got Latent controversy.
• Body: Write ethical challenges faced by the media & mention effective measures to uphold media ethics.
• Conclusion: Write the conclusion appropriately by highlighting a balanced approach.