In the second draft of the Broadcast (Regulation) Bill 2023, the quantum of penalties for various contraventions and repeated violations has been revised. exchange4media has reviewed both drafts—the first released last November and the latest draft released last week. This review highlights some minor yet significant changes in the penalty structure.
The second draft specifies the quantum of penalty for contravention of provisions, excluding those related to the Programme Code and Advertisement Code, under this Act, its rules, or guidelines. This includes contraventions of Section 6 of the Act related to the carrying of mandatory channels. The penalty for the first contravention is Rs 10 lakhs, and for subsequent contraventions within three years, it is Rs 50 lakhs.
For not maintaining the accurate and updated records of subscriber data by broadcasting service provider or network operator, including the number of subscribers and such other details as mandated by the Act, Rules or Guidelines, the penalty for the first contravention is Rs 50 lakhs, and for subsequent contraventions within three years, it is Rs 2.5 crore.
For not establishing and maintaining suitable mechanisms for the filing and redressal of complaints by the self-regulating or organization, the penalty for the first contravention is Rs 50 lakhs, and for subsequent contraventions within three years, it is Rs 2.5 crore.
In the second draft, the penalty for Broadcasting Networks and Services (including broadcasting services) registered under the Act, its rules, or guidelines, which are not in conformity with standards specified by the central government regarding interference or equipment usage, has been increased. The penalty for the first contravention is Rs 10 crore, and for subsequent contraventions within three years, it is Rs 50 crore. In the first draft, these penalties were Rs 1 lakh and Rs 5 lakh, respectively.
According to a provision in the first draft, which remains unchanged in the second draft, the maximum penalty that can be imposed is outlined with limits set at 50%, 5%, and 2% of the major category penalty for Medium, Small, and Micro categories, respectively. To determine the applicable penalty, each registered person or entity must first be categorized based on their turnover and investment. The category that results in the higher maximum penalty will be used. In cases where books of accounts for the relevant period are not available, the authorized officer will decide the applicable category based on the available records, and this decision will be considered final.
However, the maximum penalty for unregistered persons under this Act, its rules, or guidelines has been removed in the second draft. In the first draft, it was mentioned that the maximum penalty for unregistered persons under this Act, its rules, or guidelines shall be 100%.
According to the second draft, operating broadcasting networks or providing broadcasting services under this Act, its rules, or guidelines without registration, or after the expiry of the registration validity, shall incur a fine of up to Rs10 lakhs for the first offense and up to Rs 50 lakhs for subsequent offenses. Additionally, the term of imprisonment can be up to two years for the first offense and up to five years for subsequent offenses.
Providing services other than broadcasting services that require registration under this Act, its rules, or guidelines without registration, or after the expiry of the registration validity, shall incur a fine of up to ?10 lakhs for the first offense and up to ?50 lakhs for subsequent offenses. Additionally, the term of imprisonment may be up to two years for the first offence and up to five years for subsequent offence.
