Decoding the broadcasting bill

At the recent 'All About Music' event, a panel of experts gathered to discuss and analyse the potential effects of the draft Broadcasting Bill on the music industry. The discussion offered insights into how the proposed legislation might influence music broadcasting and content creation.

The panellists included: 

• Gowree Gokhale, Independent legal counsel and advisor
• Vivek Raina, Managing Director at Believe - India & South Asia
• Ambika Khurana, Former Director of Public Policy - Netflix (moderator)

Khurana kickstarted the panel by discussing the future changes in the music industry before delving into the Broadcast Service Regulation Bill. She invited Raina to share his insights.

He highlighted three significant shifts expected over the next 5-10 years:

• Adoption of paid subscription models: The market will see a rise in paid subscriptions, leading to an artist-first market.
• Independent artists: There will be a growing focus on independent artists, moving away from the traditional film music model.
• Cultural diversity: The industry will witness an increase in cultural diversity in music, with more artists from various backgrounds gaining prominence.

Impact of the Broadcast Service Regulation Bill

The panel then discussed the impact of the Broadcast Service Regulation Bill on the music industry.

Key points highlighted by Gokhale:

• Definition of broadcasting: There’s ambiguity about whether streaming is considered broadcasting.
• Licensing and compliance: Online platforms, like FM and TV broadcasters, will need to comply with Ministry guidelines.
• Regulation of online content: Platforms will need to inform the government about their existence and set up a five-member committee to evaluate content, among other requirements.

“These regulations could significantly impact content creators, adding layers of compliance that may stifle creativity and increase operational burdens,” Gokhale stated.

Investment and growth in the music industry

Raina noted the significant increase in investments driving the growth of the music industry in India. Unlike a decade ago, there is now more financial power empowering artists and labels. However, he pointed out several issues, particularly creative challenges on the global front, that could hinder the industry's potential to become a billion-dollar market.

"We can't put restrictions now when it's just started to grow," Raina emphasised, indicating the delicate balance needed between regulation and growth.

Censorship and compliance

The discussion then shifted to the core of the Broadcasting Bill and its implications for censorship. Gokhale clarified that while there is no direct government censorship, the Bill proposes a form of pre-certification for content. This involves a committee (CEC) within each broadcasting entity, including individual broadcasters, to review and certify content.

"Imagine for every song that is being done, the government can call for that certificate," Gokhale explained, highlighting the bureaucratic burden this could impose on creators.

Legislative process and industry response

To provide a clearer picture of the Bill's journey, Gokhale outlined the legislative process.

“Currently a draft, the Bill is open for public consultation. Once feedback is incorporated, it will proceed through cabinet approval, parliamentary debate, and possibly a review by parliamentary standing committees. This process underscores the importance of public and industry voices in shaping the final legislation,” she added.

The panellists unanimously called for a cohesive industry response to the Bill.

"It's a call for action for all of us here and beyond," Khurana urged, advocating for a united voice to communicate the sector's needs to policymakers. She emphasised the importance of raising awareness and seeking incentives rather than restrictions to foster growth.

The panel discussion provided insights into the Broadcasting Bill's potential impact on India's music industry. While acknowledging the need for regulation, the experts highlighted the importance of balanced policies that support growth without stifling creativity. As the Bill progresses, it will be crucial for the industry to remain vigilant, engaged, and vocal in advocating for a conducive regulatory environment.