Abstract
India’s Broadcasting Services (Regulation) Bill, introduced in 2023 and revised in 2024, represents the most ambitious legislative overhaul of broadcast regulation since the Cable Television Networks (Regulation) Act of 1995. Ostensibly designed to consolidate a fragmented regulatory architecture and adapt the law to the realities of digital media, the Bill has provoked significant controversy among legal scholars, civil society organizations, and media practitioners. This article undertakes a comprehensive critical analysis of the Bill’s principal provisions, its three-tier regulatory structure, its expanded definitions of “broadcasting” and “news and current affairs programmes,” the proposed Content Evaluation Committees, and the powers vested in the Broadcast Advisory Council, against the benchmark of constitutional guarantees enshrined in Article 19(1)(a) of the Indian Constitution. The article argues that the Bill, in its current form, structurally privileges government oversight over independent editorial judgment, forecloses meaningful judicial and quasi-judicial recourse against executive orders, and deploys definitional overbreadth to bring within its ambit a wide spectrum of individual digital expression that was never historically treated as broadcasting. The analysis draws on comparative constitutional jurisprudence, international human rights standards, and the legislative history of press regulation in India to assess whether the Bill achieves a constitutionally defensible calibration between the state’s regulatory interest and the fundamental freedom of speech and expression. The article concludes with a set of normative recommendations for legislative reform.