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{{Short description|Proposed law in India}}
{{Use dmy dates|date=December 2023}}

{{Infobox legislation
| short_title = Broadcasting Services (Regulation) Bill, 2023
| legislature = [[Parliament of India]]
| long_title = A Bill to overhaul the regulatory framework for broadcasting services and to replace the Cable Television Networks (Regulation) Act of 1995 and encompass a wider range of platforms and technologies.
| citation =
| territorial_extent = [[File:Flag of India.svg|Flag of India|30px]]
| enacted_by = Not yet enacted
| date_enacted =
| date_commenced =
| bill_date =
| introduced_by = [[Anurag Thakur]]
| 1st_reading =
| 2nd_reading =
| 3rd_reading =
| repeals = Cable Television Networks (Regulation) Act of 1995
| keywords =
| status = pending
}}

The '''Broadcasting Services (Regulation) Bill, 2023'''<ref name="HT 26 Jul">
{{citation |last=Agrawal |first=Aditi |title=New draft of broadcasting bill: News influencers may be classified as broadcasters |newspaper=Hindustan Times |date=26 July 2024 |url=https://www.hindustantimes.com/india-news/new-draft-of-broadcasting-bill-news-influencers-may-be-classified-as-broadcasters-101721961764666.html}}
</ref><ref name="Apar Gupta">
{{cite news |first=Apar |last=Gupta |title=A licence raj for digital content creators |newspaper=The Hindu |date=31 July 2024 |url=https://www.thehindu.com/opinion/lead/a-licence-raj-for-digital-content-creators/article68465662.ece}}
</ref> is a proposed law that aims to overhaul the regulatory framework for broadcasting services in India. A draft of the bill was introduced in 2023 and was published for public consultation.<ref>
{{cite news |title=Key features of the draft Broadcasting Services (Regulation) Bill, 2023 |newspaper=The Indian Express |date=11 November 2023 |url=https://indianexpress.com/article/explained/draft-broadcasting-services-regulation-bill-9022857/}}
</ref> A second draft was created in 2024, and shared only with key stakeholders.<ref name="HT 27 Jul">
{{citation |last=Agrawal |first=Aditi |title=Broadcasting Bill still in drafting stage: MIB tells RS |date=27 July 2024 |newspaper=Hindustan Times |url=https://www.hindustantimes.com/india-news/broadcasting-bill-still-in-drafting-stage-mib-tells-rs-101722058753083.html}}
</ref> It was subsequently revoked and the 2023 draft has been revived,<ref>{{cite news |first=Soumyarendra |last=Barik |newspaper=The Indian Express |date=13 August 2024 |title=Facing criticism, Govt withdraws new draft of broadcast Bill |url=https://indianexpress.com/article/business/broadcast-bill-controversy-freedom-of-speech-code-of-ethics-it-act-violation-9510443/}}</ref>

The bill would replace the Cable Television Networks (Regulation) Act of 1995 and encompass a wider range of platforms and technologies.<ref name="prsindia">
{{cite web |title=Draft Broadcasting Services (Regulation) Bill, 2023 |website=prsindia.org |access-date=5 August 2024 |url=https://prsindia.org/files/parliamentry-announcement/2023-12-09/Draft_Broadcasting_Services_(Regulation)_Bill,_2023.pdf}}
</ref> The 2023 draft, published in November 2023, included a [[Ethical code|programme code]] for [[Over-the-top media services|OTT platforms]] (streaming platforms).<ref>
{{Cite web |title=Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023 |url=https://pib.gov.in/pib.gov.in/Pressreleaseshare.aspx?PRID=1976200 |access-date=2023-12-15 |website=pib.gov.in}}
</ref>
The revoked 2024 draft would have brought online content creators under the ambit of the law by introducing a new category called "digital news broadcasters".<ref name="HT 26 Jul"/>

== Proposal ==
The bill proposes establishing a new regulatory body called the Broadcasting Authority of India (BAI) to oversee the implementation of the bill and regulations.<ref name="prsindia"/><ref>
{{Cite web |url=https://pib.gov.in/pib.gov.in/Pressreleaseshare.aspx?PRID=1976200 |title=Ministry of Information and Broadcasting Proposes Broadcasting Services (Regulation) Bill, 2023 |website=pib.gov.in}}
</ref> Other proposed changes include:
* Data localization: Requirement for certain platforms to store data in India.
* Self-regulation: A two-tier system of self-regulation with an option for government intervention in case of non-compliance.
* Content evaluation Committee: A committee to evaluate content and certify its compliance with the code.
* Transparency and grievance redressal: Measures to ensure transparency in decision-making and provide viewers with effective grievance redressal mechanisms.<ref>
{{cite news |last=Chawla |first=Akshit |title=Three New Laws Give the Govt Extraordinary Powers over Journalism, Entertainment and Internet |newspaper=The Wire |date=22 December 2023 |url=https://thewire.in/government/telecom-broadcasting-data-protection-bill-digipub}}
</ref><ref>
{{Cite news |title=Broadcasting regulation bill and its impact on content world |first=Javed |last=Farooqui |newspaper=The Economic Times |date=28 November 2023 |url=https://economictimes.indiatimes.com/industry/media/entertainment/media/broadcasting-regulation-bill-and-its-impact-on-content-world/articleshow/105571742.cms}}
</ref><ref>
{{Cite news |title=Self-regulation provisions in draft broadcasting Bill draw diverse views |first=Devesh K. |last=Pandey |newspaper=The Hindu |date=19 November 2023 |url=https://www.thehindu.com/news/national/self-regulation-provisions-in-draft-broadcasting-bill-draw-diverse-views/article67550941.ece}}
</ref>

The stated objectives of the bill are:{{citation needed|date=December 2023}}
* Consolidation: To bring all forms of broadcasting under a single, streamlined regulatory framework.<ref>{{cite news |url=https://www.indiatoday.in/india/story/onus-of-content-power-of-inspection-penalties-centres-new-broadcasting-bill-2468292-2023-11-28 |title=Onus of content, power of inspection, penalties: Centre's new broadcasting bill |newspaper=India Today}}</ref>
* Content regulation: To address issues like hate speech, fake news, and violence through content codes and age verification mechanisms.
* Promoting local content: To increase the presence of Indian programming across all platforms.
* Viewer protection: To safeguard viewers' interests by ensuring program quality, transparency, and grievance redressal mechanisms.
* Balancing freedom and accountability: To uphold freedom of expression while holding platforms accountable for harmful content.

As of December 2023, the draft bill is open for public consultation.

== Reactions ==
The broad scope of the bill, encompassing even individual content creators, raises concerns about government overreach and potential censorship.{{According to whom|date=December 2023}} Critics{{Who|date=December 2023}} argue that vague content codes and subjective interpretations could stifle creative expression and limit the diversity of voices.<ref>
{{cite news |last=Chishti |first=Seema |title=Control + All or Delete: The Draft Broadcast Bill Is a Blueprint for Censorship |newspaper=The Wire |date=7 December 2023 |url=https://thewire.in/government/control-all-or-delete-the-draft-broadcast-bill-is-a-blueprint-for-censorship}}
</ref><ref>
{{cite news |last=Agrawal |first=Aditi |title=New broadcast bill may also cover those who put up news content online |date=26 November 2023 |newspaper=Hindustan Times |url=https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html}}
</ref><ref>
{{cite news |title=Digital Dialogues: Different kinds of censorship, thanks to the broadcast regulation bill |date=24 December 2023 |newspaper=Newslaundry |url=https://www.newslaundry.com/2023/12/24/digital-dialogues-different-kinds-of-censorship-thanks-to-the-broadcast-regulation-bill }}
</ref>

The two-tier self-regulation system, with government intervention as a backup, might not provide adequate safeguards against arbitrary decisions and suppression of dissent.<ref>
{{cite news |title=Draft broadcast bill sparks concerns around creative freedom |first=Lata |last=Jha |date=26 November 2023 |newspaper=Mint |url=https://www.livemint.com/news/india/draft-broadcast-bill-unleashes-concerns-around-creative-freedom-11701015943562.html}}
</ref>{{According to whom|date=December 2023}}

The emphasis on promoting "Indian content" and regulating harmful content could lead to unintended consequences for freedom of expression.{{According to whom|date=December 2023}} Critics{{Who|date=December 2023}} argue that defining "Indian" and "harmful" subjectively could be used to suppress critical voices and diverse perspectives.

The bill's provisions for data localization and government access to user data raise concerns about privacy violations and potential misuse of information.
<ref>{{cite news |title=Draft Broadcasting Services (Regulation) Bill, 2023, proposes self-classification of programmes by broadcasters |first=Devesh K. |last=Pandey |date=10 November 2023 |newspaper=The Hindu |url=https://www.thehindu.com/news/national/draft-broadcasting-services-regulation-bill-2023-proposes-self-classification-of-programmes-by-broadcasters/article67521739.ece}}
</ref><ref>
{{cite news |title=Editorial. Broadcast Bill plugs regulatory gaps, but some provisions need watching |date=21 November 2023 |newspaper=BusinessLine |url=https://www.thehindubusinessline.com/opinion/editorial/broadcast-bill-plugs-regulatory-gaps-but-some-provisions-need-watching/article67557714.ece}}
</ref><ref>
{{cite news |title=BSR Bill's Magic Trick: Now You See Clarity, Now You Don't! |first=Rajkumar |last=Varier |date=12 December 2023 |newspaper=ABP News |url=https://news.abplive.com/blog/broadcast-services-regulation-bill-2023-bold-leap-of-faith-without-safety-net-bsr-bill-2023-abpp-1649345}}</ref>

== See also ==
* [[Information Technology Act, 2000]]
== References ==
{{reflist}}

[[Category:Government of India]]
[[Category:Parliamentary procedure]]

Broadcasting Services (Regulation) Bill, 2023 - Revision history

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