The introduction of the Draft Broadcasting Services Regulation Bill, 2023 (Draft Bill), marks a significant shift in the regulatory approach taken by India towards over-the-top (OTT) streaming and digital news platforms available on the internet. The Draft Bill proposes extending traditional broadcasting regulations to digital publishing services, with requirements of mandatory registration, the establishment of content evaluation committees and adherence to common programme and advertising codes put in place for platforms across broadcasting mediums.
Imagine a world where every show you stream, every news clip you watch online and every podcast you listen to is regulated under the same stringent guidelines that govern your traditional TV channels. Will such a framework align with the doctrine of reasonable classification, considering that the underlying business models and content delivery mechanisms of OTT and digital news platforms differ substantially from TV and traditional films? How will this approach impact the dynamism of digital content creation? And most importantly, is it practically possible for one law to balance the drastically varied contours of digital publishing and traditional broadcasting? The nub of the issue is this: Should OTT platforms be regulated the same way as traditional TV channels in India? Across ecosystems, there’s a noticeable push to unify regulations for internet-based services and other technology mediums, exemplified by the Telecommunication Bill, 2022.
Now, a parallel approach is being undertaken for traditional cable and film broadcasting versus OTT and digital news platforms. These convergence efforts pose critical questions about the feasibility and effectiveness of imposing a
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