In a significant development, the Union Minister for Communications, Electronics & Information Technology, Ashwini Vaishnaw, introduced the Telecommunications Bill, 2023 in the Lok Sabha on Monday. The bill aims to amend and consolidate laws related to the development, expansion, and operation of telecommunication services and networks, spectrum assignment, and related matters.
One of the bill’s noteworthy provisions pertains to national security, empowering the government to temporarily assume control of telecom services during emergencies. This provision allows for the interception of messages in the interest of national security. The move is a response to the evolving nature of telecommunication technologies and their critical role in the country’s economic and social development.
The Telecommunications Bill, 2023 seeks to replace antiquated legislation, including the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950. The move reflects the need for a contemporary legal framework to address the changing landscape of the telecommunication sector.
According to the statement of objectives and reasons, the bill recognizes the telecommunications sector as a key driver of economic and social development. Emphasizing the vital role of secure telecommunication networks in ensuring national security, the bill aims to establish a legal and regulatory framework that promotes safe and inclusive digital growth.
In the event of a public emergency, such as disaster management or concerns for public safety, the Central Government, a State Government, or an officer duly authorized by either, may, through official notification, (a) temporarily assume control of any telecommunication service or network from an authorized entity, or (b) establish an appropriate mechanism to ensure the prioritized routing of messages from users or groups authorized for response and recovery during public emergencies.
Furthermore, the provision specifies that in the event of a public emergency or in the interest of public safety, the central or state government, with the objectives of upholding the sovereignty and integrity of India, safeguarding the defense and security of the State, fostering amicable relations with foreign States, maintaining public order, or preventing the incitement to the commission of any offense, holds the authority to issue directives. These directives may explicitly state that messages transmitted or received by any telecommunication service or network should either not be transmitted, should be intercepted or detained, or should be disclosed in an intelligible format to the designated officer mentioned in such orders.
Regarding press messages, the provision expressly notes that press messages, intended for publication in India, from correspondents accredited to the Central Government or a State Government, shall remain unintercepted or undetained unless the transmission of such messages has been expressly prohibited under the relevant rules.
The bill proposes the allocation of spectrum to satellite communications companies through administrative methods, aligning with the demands of global satellite services companies. This move dismisses arguments from domestic telecom players, including Jio and Vodafone Idea, who advocated for spectrum allocation through auctions for commercial use.
While the bill defines the transmission of messages through wire or wireless technologies as telecommunication, government sources clarify that internet-based messaging and calling apps like WhatsApp, Telegram, Google Meet, etc., will fall under IT rules rather than telecom laws. This decision affects the ongoing consultation process around over-the-top apps conducted by the Telecom Regulatory Authority of India (Trai).
In summary, the Telecommunications Bill, 2023, marks a significant step towards modernizing India’s telecommunication laws, emphasizing national security measures, and addressing the evolving needs of the sector in the digital age.
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