The draft Broadcasting Services (Regulation) Bill, 2023, seeks to provide for Content Evaluation Committees and a Broadcast Advisory Council for self-regulation by broadcasters and broadcasting network operators.
As per Chapter IV of the proposed Bill, the regulatory structure is to ensure compliance to the Programme Code and the Advertisement Code. In order to address the grievance or complaint, if any, there will be self-regulation by broadcasters and broadcasting network operators in accordance with Section 25.
Section 24 states that every broadcaster or broadcasting network operator shall constitute one or more “Content Evaluation Committee (CEC)” consisting of members who are eminent individuals representing different social groups, including but not limited to women, child welfare, Scheduled Castes, Scheduled Tribes, minorities etc., and with such other relevant criteria as may be prescribed.
The Central government may prescribe the number of members in the CEC, quorum requirement, and such other details to facilitate the formation of CEC and its smooth functioning. The broadcasters will be required to intimate the government and also the names, credentials and other details of members of CEC on their websites.
“Every broadcaster or broadcasting network operator shall broadcast only those programmes which are duly certified by the CEC, provided that the Central Government may prescribe the programmes on which requirement of certification from CEC shall not apply... The provisions of this chapter shall be applicable, in case of cable broadcasting network operators, satellite broadcasting network operators and IPTV Network operators, to only such operators, who provide Platforms services on their network, and limited only to the content broadcasted on such platform services,” says Section 24.
The next proposed section prescribes that every broadcaster and broadcasting network operators will appoint grievance redressal officers for handling complaints alleging contravention of Programme Code and the Advertisement Code. An unsatisfied complainant may prefer an appeal of such decision to the self-regulatory organisation of which such broadcaster or broadcasting network operator is a member, or to the Broadcast Advisory Council, wherever applicable.
The Central government will constitute Broadcast Advisory Council, consisting of its chairman as one eminent independent person with not less than 25 years of experience in the fields of media, entertainment, broadcasting and other such relevant fields.
Five officers will be nominated by the Central government as ex officio members to represent the Ministries of Information & Broadcasting, Women and Child Development, Home Affairs, External Affairs, and Social Justice and Empowerment, while five eminent independent persons, nominated by the Central government, with experience in the fields of media, entertainment, broadcasting, child rights, disability rights, rights of women, human rights, law and other such relevant fields, will be be its members.
The Broadcast Advisory Council will hear complaints regarding violation or contravention of the Programme Code or Advertisement Code that may arise out of appeals; or directly against any broadcaster or broadcasting network operator which is not a member of any self-regulating organisation; or referred to it by the Central government. After examining complaints or grievances, it will make recommendations to the government for further action, if any.
