• UGI USER
  • Nov 20, 2023
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SELF-REGULATION PROVISIONS IN DRAFT BROADCASTING BILL

Why in the News ?

The draft Broadcasting Services (Regulation) Bill, 2023, has stirred debates among legal experts, particularly regarding the proposed self-regulation provisions. Legal minds are divided on the implications and intricacies of these provisions.

 Source: The Economic Times

Positive Reception:

  • Experts like Shreya Suri from IndusLaw finds the proposal heartening, emphasizing its similarity to the original proposal under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Concerns and Surprises

  • Intimation to Government:

Expressing surprise, Ms. Suri questions certain details in the Bill, such as the requirement to inform the government and publicly disclose personal details of Content Evaluation Committee (CEC) members.

  • Data Protection Concerns:

Against the backdrop of the new Digital Personal Data Protection legislation, the necessity for publicizing personal details raises concerns about potential harm and injury to CEC members.

Responsibility and Accountability

  • Encouraging Responsibility:

The Bill is seen as a positive step toward instilling a greater sense of responsibility and accountability among broadcasters and broadcasting networks for the content they make available to the public.

  • Mandatory Disclosures:

While the intent is to encourage responsibility, mandatory disclosures may expose individuals in the CEC to personal risks depending on the content approved.

Stakeholder Considerations

  • Public Comments and Revisions:

The draft Bill is currently open for public comments, and stakeholders expect several changes following consultations.

  • Reconsideration Needed:

Ms. Suri hopes that certain aspects, especially mandatory disclosures, will merit reconsideration during the public consultation process.

Challenges and Grey Areas

  • OTT Platforms and Satellite Services:

Grey areas in the draft concerns the position of OTT platforms and satellite services, calling for clarity and rules applicability.

  • Role of Broadcast Advisory Council:

The effectiveness of the Broadcast Advisory Council and its powers vis-a-vis the Registering Authority in revocation and suspension of registrations remain pivotal considerations.

Experts suggest Self-regulation as the next stage, emphasizing the need for entity registration and clear rules, especially in the context of OTT platforms and satellite services.