Unveiling India’s Broadcasting Services (Regulation) Bill, 2023: A Paradigm Shift in Media Governance

30th March, 2024 - 9:39 am Categories: Media & Entertainment Law 0 Comments

Introduction

That is, in a world of communications transcending boundaries at speed of light, regulated broadcasting services are notable to demarcate societal definitions; guard cultural integrity and assure the distribution of information that is accurate. Among the vibrancy of media in India that dotes on the face of this country with regard to the new millennium, the Broadcasting Services (Regulation) Bill of 2023 is modernizing and revolutionary, promising to change the broadcasting regulation in this region.

Technical advances and changes in consumption patterns have exploded consumption of media in itself against the manner in which media is consumed, a context where in India seems to stand at a crossroads as it looks at regulating traditional broadcasting and laws to do the same in the digital space. The Indian government is learning what many others have through their research programs.

Key clauses are turned over in the following article, covering what the broadcasting services (regulation) bill entails at large for the larger Indian media. There are arrays of intentions under which the bill ranges from editorial independence to competitiveness, innovation in broadcast media markets.

This study tries to find an answer to the basis for writing and implementation of this equipage, with both sociopolitical drivers. The recognition of challenges associated with media plurality, content, and technological convergence has an immense height of consideration for industry players, policymakers, and the public at large in India.

In view of the above, this article is, therefore, a critical analysis of the provisions captured in the bill and how in its passing, it will influence various stakeholders but more to bring to light attempts of governing broadcasting services in a diverse fast-growing country like India and how the future of media administration in the biggest democracy in the world would look like. This, in turn, should also trigger debates and discussions of wider concepts like media governance, freedom of expression, and public interest in the digital era.

Thus, The Broadcasting Service (Regulation) Bill, 2023, in its own form, assumed not only the form of a framework of law but also a will of this country to check and guide the power of media for public interest, besides keeping pace with the fast-emerging media scene. And so: Let us take a deep dive into the layers of India’s broadcasting laws to see what they carve out for how media will be regulated in the world’s largest democracy.

Background

The Indian media outlook is set for a turnaround ride, as the key broadcast market is set to surge and transform with an increase in digital market opportunities, affordability, and customer preferences. However, more often than not, the guiding regulatory framework of the set-up has perennially lagged behind, not being able to move pari passu with the dynamic character of the setting. Broadcasting Services (Regulation) Bill, 2023, said that it fills the vacuum to make the deep regulation of broadcasting offices strengthen development and further promulgation.

Key Provisions of the Bill

1. Broadcasting Regulatory Authority of India (BRAI): Provisions have been made for setting up Broadcasting Regulatory Authority of India (BRAI). Broadcasting Regulatory Authority of India (BRAI) will take care of administration and regulation of all the broadcasting services with respect of matters from content standards, licensing, spectrum allocation, management of competition, etc. The authority has been set to ensure that it is transparent, accountable, and fair to all players in this industry.
2. Content control: This gives BRAI the mandate to regulate the content aired via broadcasting services, that is, broadcasting television, and radio stations, and internet-based streaming. It outlines its principles and standards to be observed by all content-rated media for classification, censorship, cultural, and traditional compliance in their programming. The main aim is to ensure decency, embrace more diversity, and be of quality in the broadcasting programming while at the same time upholding the interests of the viewer.
3. Licensing and Management of Spectrum: The Authority shall grant the permission to offering broadcasting service and ensure the availability of the spectrum for broadcasting service. The bill provides for the transparent, open, and merit-based licensing systems in order to provide for the promotion of competition and bar from the monopolistic behaviors practiced in the sector. It is also designed to maximize the use of spectrum use and subject it to effective spectrum management.
4. Protection for the Consumer: This Consumer Protection section of the bill contains the grievance processes and service quality standards. The quality of service shall be construed with the required conditions and the time-bound complaints handling from the consumers. The service quality provisions define the consumer rights in ensuring that the consumer does have a better viewing experience.
5. Promotion of Diversity and Pluralism: Recognizing the importance and the value which diversity and pluralism represent in the media, the act provides for the research, promotion of regional languages, indigenous culture and the production of indigenous content in the public broadcasting medium. This is to ensure the service channels its airtime to regional and local production from thence a certain percentage of the time, underpinning further the attainment of community access and the full glamour of the country’s tapestry of its cultures.

Implications and Analysis

The Broadcasting Services (Regulation) Bill of 2023 is likely to bring litigations, non-conversions of licenses for the broadcasting station, imposition of fines on the broadcasters, and operation to a standstill.

1. To establish BRAI: Establishing BRAI is meant for smooth regulation and increasing regulatory efficiency in the industry, hence promoting industrial growth. A centralized regulatory body can bring about homogeneity, cohesiveness, and effectiveness in the implementation of policies that generate an ambiance collective to industrial growth.
2. Standardization of Content: Since the bill asserts that it is key to maintaining the standards of content and decency during broadcasting, concerns on the element of censorship and freedom of expression are subsequently raised. It is essential that there be a draw between government monitoring and creative freedom so that an already drowning media world can have some space for life with various views and thoughts.
3. Market Competition: The licensing clauses and the management of the spectrum contained in the bill will boost market competition and will be particularly focused on curbing monopolistic trends in the broadcasting industry. This will result in the enhancement of the floor level on which all broadcasters operate, thereby spurring innovation and investment in diversity of content that would finally redound to the consumers.
4. Critical Appraisal: While it harps on the pressing need for digital platforms and online streaming avenues, it, on the other hand, admits the necessity to refresh legislative structures in tune with the digital environment. Hoping to bring in fairness across both the traditional and digital media settings, the measure hopes to close the various regulating gaps which facilitated the growth of digital trends through the incorporation of online broadcasting services.

Conclusion

The Broadcasting Services (Regulation) Bill, 2023 will definitely turn out to be the milestone reforming the overall regulatory mechanism of broadcasting in India. This bill is intended to form a powerful and effective content regulatory body in order to assist in a dynamic, competitive broadcasting sector and cater to the tastes of a diverse and changing society. This would, however, call for partnership with the regulatory authority, broadcasters, and other stakeholders for the watchdog to be up and running; the matter-of-course complications of a media environment that is constantly auto-generated, holding high the banner of democratic norms and freedom of expression.

Author:  Khushi Jain, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

References

• Ministry of Information & Broadcasting, Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023, Posted On: 10 NOV 2023 5:10PM by PIB Delhi.
• Lata Jha, Draft Broadcasting Bill Could Have ‘Chilling Effect’ on Freedom of Speech, Says Industry Body, LiveMint (February 9, 2024, 01:54 PM)
• The Hindu Bureau, Proposed Broadcasting Bill may result in greater government control of broadcast, digital media: NWMI, THE HINDU (January 26, 2024, 10:20 PM)