How the Centre plans to regulate content on OTT and digital media | Explained

The Hindu decodes the draft Bill that seeks to regulate OTT content and online news.

The story so far: The Centre’s new draft Bill, which seeks to overhaul the regulatory system for the broadcasting sector, expands the scope from traditional services like television — both news and entertainment — to OTT (over-the-top) platforms and digital content, including news programmes (currently regulated through the Information Technology Act, 2000) and other emerging technologies.

The government aims to establish a single legal framework to regulate various broadcasting services in the country through the Broadcasting Services (Regulation) Bill, 2023, the draft of which was released by the Ministry of Information and Broadcasting for public consultation on November 10. The proposed legislation aims to replace the Cable Television Networks (Regulation) Act, which has been in effect for about three decades, and suggests several new regulations for the sector. These include mandatory registration, the creation of ‘content evaluation committees’ to encourage self-regulation on digital platforms, the establishment of programme and advertisement codes, and a three-tier regulatory mechanism.

The Centre claims that the Bill will enhance ease of doing business, ensure compliance with broadcasting codes, and update the regulatory framework to keep up with the changing needs of the sector. However, the move has raised concerns about freedom of speech and censorship, as digital media faces heightened scrutiny over “obscene and vulgar” content.

Also Read | Why is the government pushing for regulatory mechanisms for OTT services?

No person or broadcasting company can provide services or run a network without formal registration or intimation to the government, with the exception of a few authorised bodies like Prasar Bharati or Parliament channels.

In line with the provisions of the Cable Television Networks (Regulation) Act of 1995, all cable and satellite broadcasting network operators must register to operate, while broadcasters should get approval from the registering authority for transmitting programmes. They are also required to maintain subscriber data.

Similar provisions apply to terrestrial and radio broadcasting networks. “Different rules can be made for different types of broadcasters and network operators, allowing for tailored regulations based on the nature of their operations,” reads the explanatory note released along with the Bill.