Uday Mahurkar, Former CIC and founder of Save Culture Save India Foundation, has made necessary suggestions for the upcoming Broadcasting Regulation Bill to be introduced by the Ministry of Information and Broadcasting (MIB). Uday Mahurkar Ji is the former CIC (Central Information Commissioner) who runs the Foundation to provide clean, informative, and family-friendly content on OTT platforms.

The Foundation made the following suggestions:

1) In Section 2(y), the Bill defines OTT (Over-the-top), but the definition is vague. The Foundation highlighted that a precise definition would help avoid ambiguity and ensure effective regulation. The former CIC also suggested including a broad definition of the online curated content maker to encompass individuals or entities selling or publishing content through any mode.

2) Section 19 of the Bill deals with the Programme and Advertising Code. The Program Code and Advertising Code form the core of the Bill, establishing the structure for overseeing broadcast content in India. Access to these codes is crucial for the public to comprehend the set standards for broadcasters and offer input on the suggested regulations.

3) Enhancements to the Programme Code and Advertising Code are essential to explicitly prohibit indecent depictions of women, men, and children; the use of vulgar and offensive language; encouragement of offences and violence; promotion of rape and molesting of women; content that offends religious sentiments; and material that undermines public order, morality, and values. Broadcasters are strongly encouraged to conscientiously comply with these reinforced guidelines, reinforcing integrity and adherence to established standards within the broadcasting sphere.

4) Broadcasters must comply with the following guidelines when delivering content. The content must maintain a standard of good taste and decency, avoiding elements that criticise nations with friendly relations, target religions or communities, foster communal attitudes, or depict illicit relationships, extramarital affairs, or obscenity. Furthermore, the content must refrain from promoting perversion, violence, and anti-social or anti-national attitudes. It should not show contempt towards the court or engage in slander against the President, Government, or Judiciary.

5) The Bill must ensure that the content delivered by broadcasters in Bharat must adhere to guidelines prohibiting the undermining of national integrity, defamation of individuals or groups, promotion of conversion or superstition, denigration of women or children, and a disrespectful attitude towards certain groups. Strict compliance with applicable laws and regulations is mandatory to ensure content integrity.

6) Among other things, the Bill must include provisions prohibiting vulgar and offensive language, sexually perverted content, and content hurting religious sentiments and also ensure that content is safe for children.

7) CIC has sought that Section 19 (3) of the Bill, dealing with the Programme and Advertising codes, ensure that the code applies uniformly to all broadcasting players. This approach eliminates the need for preferential treatment and provides a standardised viewing experience for the audience.

8) Section 21 of the Bill deals with self-classification by Broadcasters. It must be recognised that the current self-classification system has limitations. A standardised system must be implemented to categorise content suitable for all age groups, eliminating the risk of young viewers accessing inappropriate material.

9) There is a provision for a Content Evolution Committee (CEC) in the Bill. This committee must include representatives from all religions. Members of CEC would be held responsible for any negligence. The CEC shall duly consider public objections in its decision-making process.

10) In situations requiring immediate attention regarding public order, morality, or decency, self-regulating broadcasters must address concerns within eight working hours.

11) Instead of appointing five eminent independent individuals, the central government should nominate ten members for the committee, expanding the categories outlined in the draft bill. This should include representatives from major religions, media critics, analysts, individuals and organisations dedicated to preserving cultural and moral values, and staunch nationalists.

12) Given the increasing incidents of harmful over-the-top (OTT) content leading to criminal activities, it is imperative to empower the Broadcasting Advisory Council (BAC) with quasi-judicial powers. This move is crucial in addressing public safety threats and ensuring a secure cyberspace. Collaborative efforts can shape a digital environment that encourages responsible content creation, consumption, and engagement.

13) The Broadcast Advisory Council will be granted quasi-judicial powers and oversight mechanisms to enforce broadcasting standards. It should be vested with the authority to investigate and adjudicate content violations, with the power to impose penalties on violators, ensuring accountability for breaches of broadcasting regulations. Additionally, the council can suspend a program, channel, web series, or OTT platform in cases of severe or repeated violations, further enhancing regulatory measures.

14) Section 36 should expressly encompass OTT platforms, giving regulatory authorities the authority to ban content on these platforms in the interest of public order, morality, or decency. Additionally, a provision is recommended for the immediate removal of sexually perverted content in circulation, with the threat of imprisonment for content creators, broadcasters, and distributors involved in such content.