Yes to overseeing, no to overstepping

I&B Ministry’s Broadcasting Bill put on hold as streamers oppose formation of regulatory body along the lines of CBFC; adhering to 1952 Cinematograph Act while censoring shows another point of contention

Last November, the Ministry of Information and Broadcasting (MIB) had published the draft Broadcasting Services (Regulation) Bill. One of its proposed changes was bringing over-the-top (OTT) platforms and user-generated content under its ambit. The bill was slated to be presented at the new parliament’s inaugural session. While that did not happen, the draft bill has been put on hold. Sources from MIB tell us that the two primary points of contention are its suggestion to establish a Broadcast Advisory Council (BAC), and the requirement to adhere to the Cinematograph Act of 1952 while self-censoring OTT content.   

Currently, each show is run past the streamer’s self-evaluation committee and legal team 

Over the past three years, self-censorship has become the norm, with each streamer having its self-evaluation committee and a legal team to flag off sensitive material. However, the proposed bill suggested that the BAC would be a regulation committee over and above these teams. A source tells us, “Initially, in the draft, the MIB had suggested forming the BAC, comprising members from different ministries and social groups to review and approve shows before their release. It was conceptualised as the equivalent of the Central Board of Film Certification that certifies Indian movies. The idea was to be accountable about the OTT series, not censor them. After a slew of meetings held over the past few months, the streamers have voiced their concern against the formation of such a regulatory body. So, the Centre has assured them that a differentiated approach will be adopted for regulating these sectors.”

In a meeting last week—the fourth in the past two months—that was attended by the top brass of Netflix, Amazon Prime Video and Disney+ Hotstar, it was decided that the parties will regroup on July 31. The source adds, “While the streamers are currently under the ambit of Ministry of Electronics and Information Technology, they are comfortable about coming under the purview of MIB. However, they have made it clear that their content cannot be certified applying the dated rules of the 1952 Cinematograph Act that the CBFC currently adheres to. At the July 31 meeting, the OTT providers will submit their suggestions, based on which a fresh draft bill will be prepared by mid-August. The MIB is also keen to relook at the CBFC certification process and make it more relevant to 2024.” Films continue to be certified as per the Cinematograph Act of 1952 as the bill introduced last year, which sought amendments, is yet to be passed.

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