In an unexpected twist, the Ministry of Information and Broadcasting (MIB) withdrew the latest draft of the Broadcasting Services (Regulation) Bill, 2024, amidst persistent scrutiny and speculation after it was discreetly shared with stakeholders.
A few days after distributing copies of the draft, the government issued a request on Monday for their immediate return. This abrupt reversal has raised eyebrows, particularly given that this was the second attempt to draft the Bill.
In a statement issued later last night, the MIB said that it is working on the Bill and a fresh draft will be issued in October this year.
“The Ministry of Information & Broadcasting is working on a Draft Broadcasting Services (Regulation) Bill. The draft Bill was placed in the public domain on 10.11.2023 along with the explanatory notes for comments of the stakeholders and the general public.
“In response, multiple recommendations/ comments/ suggestions were received including from various Associations. The Ministry is holding a series of consultations with the stakeholders on the draft bill. Further additional time is being provided to solicit comments/ suggestions till 15th October 2024. A fresh draft will be published after detailed consultations,” it said.
Legal experts familiar with the broadcasting industry have expressed concern over the potential for further delays.
They argue that given the already lengthy and contentious process surrounding the Bill, additional postponements would be particularly disheartening.
The second draft was expected to address previous criticisms and provide clarity on contentious issues, and a delay at this stage could hinder progress and add to industry uncertainty.
Speaking to exchange4media, Rohit Jain, Managing Partner, Singhania & Co., said, “It is being reported…that a lot of concerns were being raised by the stakeholders on the draft. One of the major sore points was that the social media influencers would also come under the umbrella of broadcasters, which will create a lot of challenges.
“Accordingly, it appears that the ministry decided to have a re-look at the bill and take a call, on whether the bill requires minor amendments or it needs to be redrafted from scratch. The bill has, therefore, been recalled, and it is expected that a revised draft will be released,” Jain said.
He further said that though it is difficult to accurately predict the next steps, but considering that a version had already been prepared, it is more likely that there will be amendments to the current draft rather than redrafting ground up.
“In case there are only a few amendments, especially around social media influencers, we may expect the revised draft soon. But in case the ministry is considering major amendments, we may have to wait longer to see the revised draft. Considering that this is the second attempt at the bill, a more substantial delay will be quite disappointing. This issue has been going on for quite some time, especially, with the advent of OTT platforms and needs to be addressed sooner than later,” Jain said.
Talking about the time the revised draft of the bill could take, Advocate Alay Razvi, Partner, Accord Juris, said that there can be no fixed timeline.
“The MIB’s request for stakeholders to return the Broadcast Bill May only go to show that they are considering substantial revisions before moving in the legislative process.
“There can be no timeline for finalising the bill and enacting it into law. It can take from several months to years, depending on the extent of revision needed and in furtherance thereto, the consensus required among the stakeholders and lawmakers. This only will delay the legislative process as the MIB will be reassessing the bill’s provisions before introducing them for approval,” Razvi said.
Sharing a similar view, Advocate Sudarshan Singh Shekhawat, Founder, of Shekhawat Law, said that while it is difficult to speculate why the bill was asked to be returned, the process of seeking consultation is not unknown to the process of law-making, “especially for legislations that have far-reaching consequences and have interplay with other areas like technology and more importantly constitutional issues like freedom of speech.”
He said, “It can take months easily and in several instances can take years. It really depends on the length and breadth of the implications, number of stake holders. In this case the conventional broadcast industry alone is one of the largest in the world. Since now the discussions also pertain to digital/online platforms including content creators, it is bound to take time,” he said.
According to experts, considering larger issues like national security, law and order, elections, and freedom of speech also getting impacted by such laws, it is not surprising that the government wants to have the first word before going to stakeholders.
The draft of the Bill was never released publicly.
Recently, broadcasters reportedly met with the Telecom Regulatory Authority of India (TRAI) to voice their concerns, though details of that meeting have not been disclosed.
The Bill has faced significant criticism from various stakeholders, who argue that it could have adverse effects on the industry. Concerns have been raised about potential threats to freedom of speech, increased government intervention, and preferential treatment for Prasar Bharati-run services, among other issues.
Explaining the next steps, advocate Kunal Sharma, Partner, Singhania & Co, said, “The government is likely to proceed and work out a draft with feedback received from it. Further revisions and internal discussions may take place at this phase. Thereafter, it will go through the formal legislative process, which also involves further reviews and debates. Ultimately, the objective should be to finalise the bill with an accurate reflection of the intended policy objectives before enactment.”
Several issues have been raised in the draft bill ever since it was circulated to the stakeholders.
Anticipating a crackdown on digital platforms, media bodies and advocates voiced their concern over the draft saying that it aims to enforce censorship by putting a compliance burden on the creators.
Cable and DTH industry has been criticising the bill for exempting DD FreeDish from the encryption rule, which has been a top demand of cable operators for a level playing field.
