The Indian Broadcasting and Digital Foundation (IBDF), an industry body of TV broadcasters whose members include Star, Viacom 18 and Times Television Network among others, has urged the Ministry of Information and Broadcasting (MIB) to remove over-the-top (OTT) platforms like Netflix and Amazon Prime Video from the scope of regulation of the contentious Broadcasting Services (Regulation) Bill 2023 introduced in November last year.
“TV broadcasting is distinct from OCCPs/digital media as it uses satellite and needs distribution platform operators to transmit content. TV broadcasting content is meant for public viewing. In contrast, OCCPs make their content available on the internet, on their own platforms,
that users can access only through a website or application. Their content is non-linear, on-demand and not intended for public exhibition,” IBDF said in its submission to the MIB.
The consultation ended on January 27.
As per the Allocation of Business Rules, 1961, the Ministry of Electronics and Information Technology (MeitY) is responsible for overseeing the Information Technology Act, 2000, along with managing other policy concerns and legislation related to information technology, the internet, and the services they encompass. This authority extends to areas such as digital media, streaming services, and online curated content providers, the foundation added.
It also further argued that the pipelines, modes, manner of offering, and business models for broadcasting as well as OCCPs/digital media are distinct. A universal or “one size fits all” approach is likely to be counter-productive and regressive.
In November last year, the MIB floated the much-anticipated draft Broadcasting Services (Regulation) Bill, 2023 to replace the existing Cable Television Networks (Regulation) Act, for public consultation.
This move is expected to be a game changer for OTT platforms in India as this bill seeks to take all such platforms under its purview. Notably, online streaming platforms are currently regulated under the IT Act, 2000.
“The bill streamlines regulatory processes, extends its purview to cover the OTT content and digital news, and introduces contemporary definitions and provisions for emerging technologies,” the ministry said in a statement.
The proposed draft bill introduces a three-tier regulatory structure for content regulation, including the establishment of content evaluation committees (CECs). According to the bill, only shows that receive approval from the CECs are eligible for broadcast on TV channels and OTT platforms.
The IBDF additionally said that the mandate to establish such a committee (CEC) could lead to content censorship on broadcasting platforms, potentially restricting the freedom of speech and expression for broadcasters.
“(The bill should) aim to champion the constitutional guarantee of freedom of speech and expression, ensuring that broadcasting remains a potent tool for widespread dissemination of information, education, and entertainment,” IBDF said in its suggestion.
The Indian OTT market is a bustling segment, including domestic players like Zee5, SonyLIV, and JioCinema alongside international majors such as Disney+ Hotstar, Amazon and Netflix.
