On OTT Regulation – Regulating OTT
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Source: This post on OTT Regulation is based on the article “Regulating OTT: Draft Broadcasting Regulation Bill may be an attempt to control digital infrastructure” published in Indian Express on 16th November 2023.

UPSC Syllabus Topic: GS Paper 2 Indian Polity – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

News: The article discusses the new Broadcasting Services Bill in India, which might replace the 1995 Cable TV Act. It suggests the bill could control media more, affecting minority representation and viewer choices, continuing past issues with media regulation in India.

What are the key provisions of the Broadcasting Services Bill, 2023?

Key provision of the bill include:

Unified Regulation Framework: The bill aims to replace the Cable Television Networks Act of 1995, creating a single framework for broadcasting, OTT, digital media, and more.

Addresses Technological Changes: It addresses changes in the broadcasting landscape, like DTH and OTT platforms, reflecting technological advancements.

Simplifying Business Procedures: The bill seeks to simplify business procedures and enforce the Programme and Advertisement Codes more effectively.

Inclusion of Emerging Technologies: It includes contemporary definitions and provisions for new broadcasting technologies.

Enhanced Self-Regulation: Proposes ‘Content Evaluation Committees’ and a ‘Broadcast Advisory Council’ for better self-regulation in broadcasting.

Accessibility Considerations: Focuses on accessibility for persons with disabilities through comprehensive guidelines.

Penalties and Fines: Introduces statutory penalties for breaches, considering the financial capacity of entities involved.

What is the current landscape of broadcasting regulation in India?

What are the concerns with this Bill?

Threat of Censorship: The bill could give the government more power over media content. It allows government officers to prohibit broadcasts they deem inappropriate. This might result in undue censorship or content restrictions.

Does not address Conflict of Interest: The bill does not address ongoing issues in media regulation, such as the influence of politicians and cable operators. This has been a problem in the past.

What should be done?

Clarify Ambiguous Terms: The bill should clearly define its broad terms to prevent subjective interpretations and ensure fair enforcement.

Balance Government Control: There needs to be a balance between government oversight and media freedom to avoid overreach and censorship.

Strengthen Self-Regulation: Enhance self-regulation mechanisms to reduce excessive government intervention in content regulation.

Question for practice:

What are the concerns raised regarding the recent Broadcasting Services Bill, 2023? How can these issues be tackled?

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