India’s New Broadcasting Bill: Balancing Oversight, Creativity, and Accessibility in the Digital Era
The government published a new draft bill last month named the Broadcasting Services (Regulation) Bill, 2023. It’s a new version of the Cable Television Networks (Regulation) Act of 1995, which has been in effect for over 30 years.
The internet was only being started back then. And there were no OTT platforms to speak of. As a result, the laws established at the time mainly addressed what type of content might be shown on television. The overriding concept was that the material should reflect ‘Indian values’. And if three complaints were filed about a channel’s content, the government’s licensing body might simply cancel the license.
Private channels were naturally concerned. Especially since “Indian values” was a rather vague concept. However, the situation has shifted considerably in the last decade or two. OTT platforms and video streaming services such as YouTube have developed.
Anyone could make a film or documentary and distribute it through these sites. You didn’t require a censor board certificate. Nobody was in charge of the content. This was a blessing for many. It gave them greater creative freedom and allowed them to tackle sensitive topics.
But how is this bill going to work?
Platforms may need to organize content evaluation committees. These committees will need to include members from various social groups to ensure a diverse range of opinions. Each program must be evaluated before it can be released. In addition, there will be government-run committees monitoring every piece of content. There will be greater oversight.
However, like with any draft bill, this one appears to have ruffled a few feathers.
For starters, critics have pointed out that OTT and TV programming cannot be tarred with the same regulatory brush. This is because individuals may choose what they consume online. It is available on demand or at the discretion of the viewer.
When it comes to TV broadcasts, however, it is up to the operators to select which shows should run when. They send the info. Regulating both in the same way ignores this crucial difference in decision. Another group of people is concerned about content homogenization across TV and OTT.
OTT platforms, you see, frequently contain creative initiatives that may only appeal to a specific niche. It might be the narrative technique or even the story’s theme, which could address political, religious, or caste divisions. It might not have broad popularity. In reality, Netflix and Amazon Prime Video have previously canceled finished projects dealing with very controversial topics.
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In the meanwhile, Netflix and Jio are lobbying the government to delay or modify the Bill. They believe that the requirement for content committees will increase their prices. After all, there are thousands of episodes and movies available on these sites. Many of them come from all around the world. Creating a committee to review each of these movies might be time-consuming.
The purpose of the Bill is to make broadcasting more inclusive and accessible to individuals with impairments. Subtitles, audio descriptions, and sign language are encouraged. According to the source, the Bill includes a provision for the appointment of a “Disability Grievance Officer.”
It also includes options for infrastructure sharing across broadcasting network operators and platform service carriage. The bill, as it is known, “streamlines the ‘Right of Way’ section to deal with relocation and alterations more efficiently, and creates a structured dispute resolution mechanism”.
Conclusion
The bill’s goal is to make broadcasting accessible and inclusive for people with disabilities. It is advised to use subtitles, audio explanations, and sign language. The source claims that the bill includes a provision for the appointment of a “Disability Grievance Officer.” It also provides alternatives for infrastructure sharing among broadcasting network operators and the carriage of platform services.
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The legislation, which goes by the name of the bill, “streamlines the ‘Right of Way’ provision to cope with relocation and changes more efficiently and creates a structured dispute resolution mechanism”.The draft bill is not yet the final law. The government is seeking comments until January 15th, 2024. With all the hoopla surrounding it and the OTT space pushing back, you can bet some changes are on the way.
