India Proposes Netflix, Amazon, Broadcasters to Establish Own Content Evaluation Committees

India's Union Ministry of Information and Broadcasting has reportedly proposed a new law that would only allow streaming applications such as Netflix, Amazon, Disney Plus, and broadcasting networks to go on air if each has a government-approved, diverse Content Evaluation Committee (CEC), dubbed as the Broadcasting Services (Regulation) Bill 2023.

According to the draft law, Reuters reports, "Every broadcaster or broadcasting network operator must establish a Content Evaluation Committee (CEC) with members from various social groups," which is open for public comment for 30 days.

The federal government "can define the CEC's size, quorum, and operational details" under the new proposed rule, and only shows "duly certified" by such a committee will be allowed to broadcast.

Another report states that the proposed bill aims to replace the existing Cable Television Networks (Regulation) Act, 1995, and other Policy Guidelines that control the country's broadcasting industry with a streamlined framework to regulate broadcasting services.

Anurag Thakur, the minister of information and broadcasting, reportedly stated that establishing Content Evaluation Committees (CEC) by each broadcaster is one of the "key innovations" in the new law that would aid in "robust self-regulation."

Criticism's Surrrounding the Bill

The proposed law, however, was met with criticism, with New Delhi-based technology policy expert Apar Gupta stating that a "historic opportunity at liberalisation is being squandered and a paternalistic mechanism of censorship and government control has been proposed" her also added that the bill would also provide the government the authority to control any internet creative or news media outlet.

The proposed legislation simplifies regulatory processes and broadens its scope to include Over-the-top (OTT) material, content, and digital news. It also provides new definitions and regulations for emerging technologies.

India's newest proposal aims also to establish a Broadcast Advisory Council, separate program and advertisement codes for different Broadcasting Network Operators, accessibility measures for people with disabilities, and legislative fines, among other things.

India's Past Content Moderation Demands

This move reportedly comes after top Bollywood artists appeared in streaming applications and online shows, some of which were criticized by lawmakers and the public on certain scenes that are regarded as obscene or disrespectful to religious beliefs.

The bill also states that a need for a new framework to moderate content comes "with the digitization of the broadcasting sector"; thus, "the existing fragmented regulatory framework is required to be replaced with a new, comprehensive law."

This is not the first time India has enacted and demanded streaming platforms to regulate each content. Tech Times has previously reported that last July, India instructed Netflix, Disney, and other streaming companies to assess their material before it was made available online.

Streaming platform representatives allegedly opposed the proposal.

The proposal also comes after streaming companies fought a federal rule to include 50-second tobacco health warnings in each piece of entertainment.