Draft broadcast bill unleashes concerns around creative freedom
NEW DELHI : The draft Broadcast Services (Regulation) Bill, 2023, floated by the ministry of information and broadcasting earlier this month, has sparked concerns around the creative freedom of streaming platforms. Several provisions appear to border on censorship, which OTT (over-the-top) services have so far been exempted from.
Further, while there is no clarity on penalties for non-compliance with several draft provisions loosely worded for now, risks for platforms have increased manifold with seizure of equipment of broadcasting services also included in the Bill. The formation of the Broadcast Advisory Council—to hear complaints regarding violation of the Programme Code or Advertisement Code—is also being questioned, since it shall comprise representatives of the government itself.
“Given that this Council will be the last port of call for recommending any decisions to be taken by the central government against any violation of the proposed draft, it is very critical to get the composition right in order to ensure sustained independence of any recommendations flowing to the government," Shreya Suri, partner, INDUSLAW, said. The concerns and the lack of clarity have caused most broadcasters to ask for an extension beyond the deadline of 10 December proposed by the information and broadcasting (I&B) ministry.
“While the mandate so far was one of self-regulation, there will be great repercussions on the creative front now. Even basic things such as whether an ‘A’ rated film can run on a streaming platform given that it has to adhere to programme and advertisement codes, is a concern.
The same would apply to liquor, gambling or condom ads. We understand the intention is to consolidate all media platforms but the
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