Government to include more independent members in the Content Evaluation Committee

The government plans to include more independent members in the Content Evaluation Committee (CEC), which will certify programmes as proposed in the Broadcasting Services Regulation Bill, in a bid to assuage concerns raised by industry associations, a ministry official said, as per Moneycontrol.

The bill plans to bring TV, over the top (OTT) platforms, radio, cable, and direct-to-home (DTH) services under a common regulatory framework, and will replace the Cable Television Networks Regulation Act, 1995.

The Indian Broadcasting and Digital Foundation (IBDF) and the News Broadcasters and Digital Association (NBDA) have raised two major concerns about the bill - combining TV and OTT services under one regulatory framework and giving uncontrolled powers to the government to interfere in content creation. According to the associations, certification of programmes through the CEC is likely to impact creative freedom. However, the ministry official said the industry stands to gain if more independent members are part of the panel.

"They (members of TV and OTT industry) had certain comments to make but we have also explained that this is for the benefit of the industry and that it will bring non-government people into the committee. The bill will enable more people from outside. In fact, it will be a majority of independent members," Sanjiv Shankar, joint secretary in the Ministry of Information and Broadcasting, told Moneycontrol at the FICCI Frames event in Mumbai on March 5.

e added that the final arbiter will be the government. The ministry has got inputs and it is in the process of "rephrasing" the CEC, he said.

Many TV and OTT players see the pre-certification of content as a significant step backwards, especially affecting genres like documentaries and English entertainment.

Industry stakeholders had expressed strong reservations against the Draft Broadcasting Services (Regulation) Bill, 2023, after it was circulated for public consultation in November.

The NBDA's main concerns included excessive delegation, inclusion of streaming, or OTT services and digital news content, and power for the Central government to prohibit transmission of programmes or the operations of a broadcaster or a broadcasting network.

It said the bill may lead to arbitrary use of power and that the stringent penalties prescribed would impede the ease of doing business. The association suggested reducing the penalties as they are not industry friendly.

The NBDA also said the bill overlooks fundamental distinctions between OTT services and traditional broadcasting.

Shankar said that OTT will be treated separately.

"We have said that it (OTT) will be separate and as on date, what is there in the intermediary guidelines, the ethics codes, those will apply to start with," the official said.