Draft broadcast bill sparks fears on creative freedom in streaming

The concerns and the lack of clarity have caused most broadcasters to ask for an extension beyond the deadline of 10 December

- Lata Jha

The draft Broadcast Services (Regulation) Bill, 2023, floated by the ministry of information and broadcasting earlier this month, has sparked concerns around the creative freedom of streaming platforms.

Several provisions appear to border on censorship, which OTT (over-the-top) services have so far been exempted from. Further, while there is no clarity on penalties for non-compliance with several draft provisions loosely worded for now, risks for platforms have increased manifold with seizure of equipment of broadcasting services also included in the Bill. The formation of the Broadcast Advisory Council—to hear complaints regarding violation of the Programme Code or Advertisement Code—is also being questioned, since it shall comprise representatives of the government itself.

"Given that this Council will be the last port of call for recommending any decisions to be taken by the central government against any violation of the proposed draft, it is very critical to get the composition right in order to ensure sustained independence of any recommendations flowing to the government," Shreya Suri, partner, INDUSLAW, said.