The government yesterday invited comments from stakeholders on the proposed Broadcasting Services (Regulation) Bill, 2023 or BSB, which seeks to replace antiquated sectoral rules with future-focussed legislation.

The BSB proposes a consolidated legal framework for the entire broadcasting sector, including content evaluation committees for adherence to Programme and Advertisement Codes and a more participative Broadcast Advisory Council to replace the existing Inter Departmental Committee.

The consultation for BSB, which has a deadline of 30 days, also looks at having a penalty structure linked to financial capacity of the erring entity.

The proposed legislation aims to replace the existing Cable Television Networks (Regulation) Act, 1995 and other policy guidelines presently governing the broadcasting sector in the country, including those related to DTH, cable TV and video OTT realm.

Minister for Information and Broadcasting Anurag Thakur yesterday hailed the BSB as taking forward Prime Minister Modi’s vision for ‘Ease of Doing Business’ and ‘Ease of Living’.“This pivotal legislation modernizes our broadcasting sector’s regulatory framework, replacing outdated Acts, Rules, and Guidelines with a unified, future-focused approach. It adapts to the dynamic world of OTT, Digital Media, DTH, IPTV, and more, promoting technological advancement and service evolution,” the Minister wrote on X, formerly called Twitter.

In an official statement, the Ministry of Information and Broadcasting, piloting the BSB 2023, said with the digitization of the broadcasting sector, especially in cable TV, there is a growing need to streamline the regulatory framework. This involves ensuring ease of doing business and enhancing adherence to the Programme and Advertisement Code by the broadcasters and distribution platform operators.

It further said the Bill looks to streamline regulatory processes, and extends its purview to cover the over-the-top(OTT) content and digital news, while introducing contemporary definitions and provisions for emerging technologies.

Key Highlights of Broadcast Services Bill 2023

1. Consolidation and Modernization:It addresses a long-standing need of consolidating and updating the regulatory provisions for various broadcasting services under a single legislative framework. It extends its regulatory purview to encompass broadcasting OTT content and digital news and current affairs currently regulated through IT Act, 2000 and regulations made there under.
2. Contemporary Definitions; Future-ready Provisions:To keep pace with the evolving technologies and services, the Bill introduces comprehensive definitions for contemporary broadcasting terms and incorporates provisions for emerging broadcasting technologies.
3. Strengthens Self-regulation Regime:It enhances self-regulation with the introduction of  content evaluation committees and evolves the existing Inter-Departmental Committee into a more participative and broader Broadcast Advisory Council.
4. Differentiated Programme & Ad Codes:It allows for  a differentiated approach to Programme and Advertisement Codes across various services  and requires self-classification by broadcasters and robust access control measures for restricted content.
5. Accessibility for Persons with Disabilities:The Bill addresses the specific needs of persons with disabilities by providing for enabling provisions for issue of comprehensive accessibility guidelines.
6. Statutory Penalties, Fines:The draft Bill introduces statutory penalties such as advisory, warning, censure and monetary penalties for operators and broadcasters. Provision for imprisonment and/or fines remains, but only for very serious offenses, ensuring a balanced approach to regulation.
7. Equitable Penalties:Monetary penalties and fines have been linked to the financial capacity of the erring entity, taking into account its investment and turnover to ensure fairness and equity.
8. Infra Sharing, Platform Services & RoW:The Bill includes provisions for infrastructure sharing among broadcasting network operators and carriage of platform services. Further, it streamlines the Right of Way segment to address relocation and alterations more efficiently while establishing a structured dispute resolution mechanism.