Centre Proposes Broadcasting Law To Regulate Streaming Platforms, Online Content

In a move aimed at tightening regulations on streaming platforms like Netflix, Disney, and Amazon, the Central government of India has unveiled a draft broadcasting law that introduces sweeping changes to the way online content is managed and controlled. The proposed Broadcasting Services (Regulation) Bill, 2023, which has been opened for public consultation for 30 days, seeks to bring streaming giants entirely under the purview of the Ministry of Information and Broadcasting, streamlining various laws and policies within a comprehensive framework.

One of the central features of the proposed law is the establishment of Content Evaluation Committees (CEC) by every broadcaster. Union Information and Broadcasting Minister Anurag Thakur described this as a "key innovation" in the new law, which is expected to promote "robust self-regulation" within the industry. According to the draft legislation, "Every broadcaster or broadcasting network operator must establish a Content Evaluation Committee (CEC) with members from various social groups."

The CECs will be responsible for evaluating the content produced by streaming platforms, ensuring that it adheres to the standards set by the government. Shows that receive certification from these committees will be eligible for broadcast. This move is seen as a significant shift from the existing scenario, where streaming platforms have enjoyed greater creative freedom compared to traditional media.

The proposed law also grants the Central government increased powers to regulate not only streaming platforms but also "services other than broadcasting services that are intricately linked to broadcasting networks or broadcasting services." This provision empowers the government to determine the size, quorum, and operational specifics of the CECs, giving them a significant role in shaping the content landscape in India.

Furthermore, the law provides the government with the authority to regulate any online creator or news media platform, signalling a more comprehensive approach to content oversight. While the government insists that these measures are necessary to ensure responsible content creation, critics argue that they could lead to censorship and excessive government control.

The proposed broadcasting law comes in the wake of mounting scrutiny on streaming companies operating in India, especially regarding content-related issues. Platforms like Netflix and Amazon have garnered immense popularity in the country, with the sector poised to expand into a projected $7 billion market by 2027, as per estimates from Media Partners Asia. Renowned Bollywood stars have featured prominently in online shows, some of which have drawn criticism from lawmakers and the public for scenes perceived as vulgar or offensive to religious sentiments.

This increased scrutiny has prompted the government to take action. Earlier this year, it was reported that the Ministry had privately advised Netflix and other streaming services to ensure their content undergoes independent review for obscenity and violence before being made available online. In a country where all films shown in cinemas are subjected to review and certification by a government-appointed board, streamed content has remained exempt from this process, leading to concerns about content standards and potential negative influences on the audience.

The proposal to establish CECs and the wider regulatory powers of the Central government has drawn mixed reactions from industry experts and advocates. While some argue that it's a step in the right direction to ensure responsible content creation and protect cultural and social values, others view it as a restrictive measure that could stifle creativity and artistic expression.

Apar Gupta, a technology policy expert based in New Delhi, expressed concerns about the content review proposal to Reuters, stating, "A historic opportunity at liberalization is being squandered, and a paternalistic mechanism of censorship and government control has been proposed."

The public consultation period for the Broadcasting Services (Regulation) Bill, 2023, is currently underway, and it remains to be seen how the proposed law will evolve based on the feedback and concerns raised during this period.