Draft broadcasting bill: Is the industry impressed?
While the industry is still awaiting a copy of the revised draft of the Broadcasting Services (Regulation) Bill, which remains shrouded in mystery and is being kept under wraps, those who have an overall idea about the bill, or have at some point seen parts of it, have concerns to share. exchange4media spoke to industry experts in broadcasting, digital media and legal fraternity, resulting in a mix of criticism and praise for various provisions of the draft.
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According to a representative of a popular broadcast network, who did not wish to be named, there are significant ambiguities in the bill, which has not yet been made public.
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“While the revised Broadcast Services (Regulation) Bill incorporates some industry feedback, significant ambiguities remain to be a part of the revised bill. Many provisions, particularly those related to CECs and the potential for a unified regulatory framework for TV and OTT, are impractical and could increase costs for the industry. “Although the bill hasn't been made public and stakeholder consultations are ongoing, the industry remains concerned about its potential impact. It looks like MIB has joined the bandwagon of TRAI to expedite the death of television,” he said. On the draft bill proposing to classify individuals who regularly post social media videos, podcasts, or written content as digital news broadcasters, Sanjay Trehan, Digital & New Media Advisor emphasized that given the large audiences these influencers and social media broadcasters attract, it is crucial to monitor this area closely. “With the proliferation of influencers and social media broadcasters, there’s a need to watch this space closely. They are attracting huge audiences and must adhere to certain guidelines and discipline. “India is a diverse country with varied views and those in the position to influence masses must exercise caution and responsibility. This space can’t be left entirely on its own. Hence, including Influencers in the gambit of the broadcasting bill is a step in that direction. Having said that, I believe self-regulation is the best and the Influencers need to be aware of their responsibility,” he said. Speaking on the bill proposing a four-tier grievance redressal mechanism for complaints related to broadcasting of content, another broadcast expert pointed out flaws in the proposal. According to the Bill, for any complaints, the first step is to approach the grievance redressal officer appointed by the broadcasting network. If not satisfied, the complainant can approach the Self-Regulatory Organisation of which the broadcaster should be a member. Their decision can be challenged in the Broadcast Advisory Council, appointed by the central government with its representatives. And finally, an appeal can be filed against the recommendations of the council before a review panel whose recommendation will be deemed as that of the council only and sent to the government. “Within a four-tier grievance redressal mechanism, having a grievance office within the broadcaster is fine, and timely resolution is good. However, what measures will be taken? Will they just send an apology? How will the grievance officer from the very organization speak against it? “On the provision of being member of a self-regulatory organization, will it be mandatory under the licensing conditions? What happens if the organization is not a member? Who will bear the cost of the entire process? By appointing a government nominee in the Broadcast Advisory Council, are we not trying to bring control over the media? What will be done with the penalty levied, considering the program has already been transmitted and people have seen it?” the expert said. He added that there was a need for clear guidelines and channels must observe them. “Doing anything post the broadcast of an objectionable content is just lip service. Organizations should have a compliance officer responsible for the programming and advertising code and a grievance redressal team. They should have a fixed tenure in the organization so that their jobs are not threatened, allowing them to take a stand boldly,” he said. According to Advocate Aslam Ahmed, Partner, Singhania and Co, the interference of the government in the Broadcast Advisory Council could compromise the council’s autonomy. “Concerns have been raised regarding the potential for government interference, given its role in nominating independent members to the Broadcast Advisory Council, which also includes representatives from five ministries. “Critics worry that this setup could compromise the council's autonomy and the perceived independence of the regulatory mechanism. They argue that while government monitoring is necessary for maintaining standards, it must be balanced to avoid undue influence over broadcasting content. Ensuring transparency in the nomination process and clearly defining the roles of government and independent members are seen as crucial steps to preserve the self-regulatory nature of the system,” Ahmed said. Partho Dasgupta, Managing Partner, Thoth Advisors and ex CEO, BARC India, wished for the government to have a holistic look into the issues and not just in segments. “The new Broadcast Bill is an important bill for the media ecosystem. I wish the government would go beyond just regulating content and distribution issues. There are other important aspects in broadcast business - like say the use of content freely by international tech companies or even the low advertising rates that impede growth of the sector - I wish the Government would look into things holistically and not just in segments,” he said.
Tags : Trai Mib Tv Industry Broadcast Services Regulation Bill