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Source: The post is based on the article “Draft Broadcasting Services (Regulation) Bill, 2023: Legal experts divided on self-regulation provisions in draft broadcasting Bill” published in “The Hindu” on 20th November 2023
Why in the News?
Experts have raised concerns over the self-regulatory provisions of the Draft Broadcasting Services (Regulation) Bill, 2023.
What is the Draft Broadcasting Services (Regulation) Bill, 2023?
What are the self regulatory provisions in the Draft Broadcasting Services (Regulation) Bill, 2023?
The Draft Bill talks about two bodies:
1) Content Evaluation Committee (CEC): It will be responsible for self-certification.
2) Broadcast Advisory Council (BAC): It will hear complaints regarding violations or contraventions of the Programme Code or Advertisement Code. They will also examine the complaints or grievances received by it and make recommendations to the Central Government.
– The Central Government then based on these recommendations will make decisions and issue orders about penalties and measures for any breaches of the Programme or Advertisement Codes.
What are the concerns with these self regulatory provisions in the Draft Broadcasting Services (Regulation) Bill, 2023?
1) Impacts Creative Freedom: Subjecting creative media, such as OTT to government prescribed programmes and advertising codes could impact creativity and freedom of speech and expression.
2) Mandatory disclosure of personal details of members in the Content Evaluation Committee (CEC): This raises concerns about potential risks to individuals involved in the CEC due to diverse audience’s sensitivities.
–This is also important in the backdrop of the Digital Personal Data Protection Bill.
3) Independence of the Broadcast Advisory Council (BAC): There are concerns over the independence of the Broadcast Advisory Council in exercising its powers under the Act.
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