Broadcasting Bill delayed because OTT players not on board?

The controversial Broadcasting Services (Regulation) Bill is facing an inevitable delay as the Ministry of Information and Broadcasting grapples with a lack of consensus among stakeholders.

exchange4media has learnt from sources that very few industry submissions were received by the ministry ahead of the October 13 deadline, which has prompted concerns, particularly regarding the absence of participation from key over-the-top (OTT) players.

These platforms, which have become integral to the content distribution landscape, have expressed significant reservations about the proposed regulations, sources said, adding that the ministry is holding off on advancing the bill until broader consultations can be held, highlighting the challenges of regulating a rapidly evolving media landscape while addressing the diverse needs of all industry participants.

The ministry had withdrawn the second draft of the Broadcasting Services Bill in August, just weeks after its initial circulation. This withdrawal had raised eyebrows, especially considering that this was the second attempt to draft the Bill.

“We have submitted our feedback, but there has been total silence from the MIB regarding it. The Bill is currently on hold, primarily due to the lack of support from OTT players, especially concerning the proposed regulations and registration requirements,” said an industry expert who did not wish to be named.

With the second draft of the Bill, the Centre aimed to establish a unified legal framework to regulate the broadcasting sector, encompassing OTT platforms and online creators, while overhauling existing policies.

This new legislation is expected to replace a key regulation from the past, specifically the Cable Television Networks (Regulation) Act of 1995.

“Government wants to have a say in the OTT content which is not being agreed to by OTT players. The government will definitely have something like pre-censor or internal censor or internal review. They may not use the word censor. They may use some moderated words like internal review or content committee or something like that. After the IC814 controversy, they will be very rigid on that,” said a senior broadcast expert.

“The submissions of the stakeholders and the stand of the government will be the same. Nothing new will come from this. They just got into an unnecessary controversy by circulating the bill to selected people,” he added.

The I&B Ministry last month summoned the content head of OTT platform Netflix over ‘IC-814 -The Kandahar Hijack’ series following a row over the way the hijackers were depicted.

OTT platforms are concerned that the proposed regulations in the new Bill may impose excessive government control over their content, undermining their creative freedom.

“Why will OTT players agree to the government interference in content? It is definitely going to threaten our freedom of expression. As far as registrations are concerned, there is due compliance by all. There is no violation of law here,” said an expert representing the OTT industry.

The provisions of the second draft of the Bill had created an unrest among media bodies which raised a voice against the enforcement of censorship and the compliance burdens it places on content creators.

The fear was that the regulatory framework could stifle creativity and freedom of expression, especially on digital platforms where many creators operate.

The Bill also faced a significant backlash from various sectors of the broadcasting industry, which argued that it could have detrimental effects.

Concerns about potential threats to freedom of speech, increased government intervention, and preferential treatment for Prasar Bharati-run services have dominated discussions.

Industry stakeholders had argued that the Bill could create an uneven playing field that favours state-run media over private operators.

Another sore point raised by stakeholders was the Bill’s inclusion of social media influencers under the definition of broadcasters. This inclusion raises numerous challenges, particularly regarding compliance and regulatory oversight.

Many influencers operate in a highly dynamic environment, and subjecting them to the same regulations as traditional broadcasters could stifle their ability to create engaging and relevant content, stakeholders had said.

While recalling the bill, the ministry had said that it was working on it and would issue a fresh draft in October.

However, there is no word from the ministry yet on the timeline for when a revised draft might be presented.

As discussions continue, the future of the Broadcasting Services Bill remains uncertain, with many in the industry eager for clarity on regulatory frameworks that could significantly impact content creation and distribution in India.