India: Opened consultation on Draft Broadcasting Services (Regulation) Bill

On 10 November 2023, the Ministry of Information and Broadcasting released the Draft Broadcasting Services (Regulation) Bill and opened a public consultation until 9 December 2023. This Bill aims to update the legal framework for broadcasting services, replacing the Cable Television Networks (Regulation) Act of 1995. The draft Bill would extend the regulatory scope to include not only cable and satellite broadcasting networks but also over-the-top (OTT) content and digital news, introducing new definitions and considerations for these platforms, as well as streamlining right-of-way regulations, which outline the procedures and conditions for facility providers to seek permission to establish broadcasting networks on public and private properties. Furthermore, the draft Bill would require platforms to follow the Programme Code and Advertisement Code, requiring broadcasters to self-classify their content. The draft Bill proposes the formation of “Content Evaluation Committees” within broadcasting groups, which would function as self-regulating bodies. Additionally, it plans to restructure the existing Inter-Departmental Committee into a “Broadcast Advisory Council,” with a broader and more participative role. The draft Bill introduces statutory penalties such as advisory, warning, censure and fines for non-compliance, with provisions allowing for imprisonment remaining for serious offences.