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Science & Tech., Polity & Governance
Mahesh

19/12/23 06:33 AM IST

Telecommunications Bill,2023

In News
  • The Telecommunications Bill, 2023, which was introduced in the Lok Sabha, seeks to regulate all telecommunication and online services such as WhatsApp, Zoom, Reddit, and Gmail.
Provisions of the bill
  • It seeks to make significant changes to the Telecom Regulatory Authority of India (TRAI) Act, 1997, and bring broadcasters, as defined by the Cable Television Networks (Regulation) Act, 1995, under the purview of regulator of the telecommunications.
  • The bill seeks to replace the Indian Telegraph Act (1885), the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950). Licenses granted under the first two laws will remain valid until their expiry.
  • Powers of interception and search: Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds. Such actions must be necessary or expedient in the interest of public safety or public emergency, and must be in the interest of specified grounds which include: (i) security of the state, (ii) prevention of incitement of offences, or (iii) public order.
  • Telecom services may be suspended on similar grounds. The government may take temporary possession of any telecom infrastructure, network, or services on occurrence of any public emergency or public safety. An officer authorised by the government may search premises or vehicles for possession of unauthorised telecom network or equipment.
  • Powers to specify standards: The central government may prescribe standards and assessments for telecom equipment, infrastructure, networks, and services.
    Right of way: Facility providers may seek a right of way over public or private property to establish telecom infrastructure. Right of way must be provided on a non-discriminatory and non-exclusive basis to the extent possible.
  • Appointments to TRAI: The Bill amends the TRAI Act to also allow individuals with: (i) at least 30 years of professional experience to serve as the chairperson, and (ii) at least 25 years of professional experience to serve as members.
  • Digital Bharat Nidhi: The Universal Service Obligation Fund has been established under the 1885 Act to provide for telecom services in underserved areas. The Bill retains this provision, renames the fund as Digital Bharat Nidhi, and also allows its use for research and development.
  • Offences and penalties: The Bill specifies various criminal and civil offences. Providing telecom services without authorisation, or gaining unauthorised access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both.
  • Breaching terms and conditions of authorisation is punishable with a civil penalty up to five crore rupees. Possessing unauthorised equipment, or using unauthorised network or service, is punishable with a penalty of up to ten lakh rupees.
  • The bill empowers the government to notify standards and conformity assessment measures related to encryption and data processing, including identification, analysis, and prevention of intrusion in telecommunication services and telecommunication networks.
  • The definition of “telecommunication” remains the same. A new term, “telecommunication identifier” has been introduced. It means “a series of digits, characters, and symbols, or a combination thereof, used to identify a user, a telecommunication service, a telecommunication network, telecommunication equipment, or an authorised entity”.
  • This could include phone numbers, serial numbers of mobile phones, and other unique codes allotted to equipment to enable telephonic and internet access.
  • The government can allot such identifiers for use, which means it will maintain a central database of all such identifiers. The definition of “telecommunication network” has been altered to “a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services”.
  • Telecommunication service” now means “any service for telecommunication”, effectively the same as earlier. In terms of impact, the definition remains expansive because the definition of telecommunication has remained the same.
  • The bill is silent on press messages meant for publication outside India, and of journalists not accredited with the government.
  • It empowers an officer to direct any authorised entity to furnish any information, document, or record any pending or apprehended civil or criminal proceedings.
  • The government can declare any telecommunication network as a “Critical Telecommunication Infrastructure “ (CTI), the “disruption of which shall have a debilitating impact on national security, economy, public health or safety”.
  • The Telecommunications Bill imposes duties on users like the Digital Personal Data Protection Act, 2023.
  • It prohibits users from “furnishing any false particulars, suppressing any material information, or impersonating another person, while establishing his identity for availing of telecommunication services” or “failing to share information as required under this Act”.
  • A “user” now means any natural or legal person (both individuals and companies or other such legal entities) using or requesting a telecommunication service. It does not include a person who provides a telecommunication service or telecommunication network.
  • Any person getting “unauthorised access to a telecommunication network or data of an authorised entity or transfers data of an authorised entity” or unlawfully intercepts a message can be punished with a jail term of up to three years and/or a fine of up to ₹2 crore.
  • This data only includes “data records, internet protocol data records, traffic data, subscriber data records, and the like”. It is unclear if this “unauthorised access” essentially means all kinds of hacking.
  • Procurement of SIM cards or other telecommunication identifiers through “fraud, cheating or personation” is also proposed to be punishable with a jail term of up to three years and/or fine of up to ₹50 lakh. Tampering with telecom identifiers, and using telecom identifiers that are not allotted or permitted are similarly punishable.
  • A person knowingly using unauthorised telecommunication services can be penalised with a fine of up to ₹10 lakh. It is unclear if this applies to accessing a website or using an app that has either not been authorised or been blocked in India through a VPN.
  • The orders of an adjudicating officer (AO) can be appealed before the Designated Appeals Committee (DAC), which will have officers not below the rank of additional secretary. Both the AO and the DAC will have the same powers as a civil court and their orders will be executable like the decrees of a civil court.
  • The bill seeks to allow the government to assign spectrum through auction except for entries in the First Schedule, which include national security and defence, law enforcement and crime prevention, disaster management, and public broadcasting services. This means that the government will allocate the spectrum directly without an auction.
Source- The Hindu

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