TV broadcasters and streaming platforms in India are concerned about the potential impact on their creative freedom from the Ministry of Information and Broadcasting’s (MIB) proposed legislation that would require them to get content certified by an evaluation committee before broadcasting it. The MIB has proposed a three-tier regulatory mechanism, which includes the establishment of content evaluation committees (CECs) by each broadcaster and broadcasting network operator. Only programmes certified by CECs would be allowed to be broadcast.
Industry experts raise concerns about the impact on creative freedom, increased costs, and the feasibility of implementing such a requirement considering the vast amount of content created. Broadcasters and OTT platforms argue that this additional layer of certification would subject their creative judgment to another review and compromise content creators’ freedom. There are also concerns about the sharing of content before public release and fear of disclosure.
While the ministry claims that the move aims to strengthen self-regulation, industry experts argue that the requirement for CECs prescribed by the central government makes self-regulation unrealistic. CECs would essentially function as mini-certification boards, controlling the content before it goes on air.
The obligation to set up CECs would apply to major TV channels such as Star Plus, Colors, Zee TV, Sony Entertainment Television (SET), as well as streaming platforms like Netflix, Amazon Prime Video, Disney+ Hotstar, JioCinema, and platform services offered by operators like Tata Play, Dish TV, and Hathway Digital.
Some major broadcasters and streaming platforms already have standards and practices (S&P) departments to ensure compliance with rules. However, there is confusion regarding whether the existing S&P practices would be inclusive or exclusive of the new CEC requirement. The additional costs of setting up CECs could create a burden for small broadcasters.
One of the industry’s biggest concerns is that the MIB might eventually issue guidelines on how the CECs should function, further controlling the content and limiting creative freedom. The MIB argues that the broadcasters and OTT platforms will have freedom in running CECs, but the industry remains skeptical about the extent of that freedom.
The draft Broadcasting Services (Regulation) Bill, 2023, proposes exemptions for certain types of programmes from CEC certification, such as news and sports, which are broadcast live. The bill also outlines a three-tier system for compliance with the Programme and Advertisement Code and for addressing consumer complaints. The three-tier structure involves self-regulation by broadcasters and network operators at the first level, industry-led self-regulatory organizations at the second level, and the Broadcast Advisory Council at the third level. This structure aligns with the grievance redressal mechanism created by the Information Technology Rules 2021 for social media, digital news, and streaming platforms.
The Ministry of Information and Broadcasting has invited public comments on the draft bill, which aims to modernize regulatory processes, expand the scope to include over-the-top (OTT) and digital news platforms, and incorporate provisions for emerging technologies. The legislation seeks to replace the outdated Cable Television Networks (Regulation) Act of 1995, which currently only applies to TV broadcasters and cable TV operators.
