Parliament pass a bill that seeks to allow the government to temporarily take control of telecom services in the interest of national security, and provide a non-auction route for the allocation of satellite spectrum.
The Telecommunications Bill 2023, was approve by the Rajya Sabha through a voice vote.
It was pass by the Lok Sabha after a short debate.
This Bill seeks to allow the government to temporarily take control of telecom services in the interest of national security, and provide a non-auction route for the allocation of satellite spectrum.
Telecommunications Bill 2023 also allows the Centre to take possession of a telecom network in case of any public emergency or in the interest of public safety.
It provides for stopping transmission and intercepting messages in case of public emergency in the interest of the public to prevent incitement for committing offence.
As per Telecommunications Bill 2023, the press messages of correspondents accredited to the Centre or state governments shall not be intercept or detain unless their transmission has prohibited under rules applicable to public emergency, and public order.
Ashwini Vaishnaw said the Telecommunications Bill 2023 is being brought keeping in mind the aspirations of the new India to replace two colonial-era laws.
Communications Minister Ashwini Vaishnaw said :
“In the last nine-and-half-years, India’s telecom sector has emerged from a very difficult period marred by scams to become a sunrise sector,”.
Ashwini Vaishnaw also said during the same period, the number of telecom towers has increased to 25 lakh at present from just 6 lakh in 2014 and the number of internet broadband users has increase to 85 crore today from just 1.5 crore before.
Under Prime Minister Narendra Modi, India made the fastest rollout of 5G technology in the world with the maximum equipment made in India, Ashwini Vaishnaw said.
Top 10 Points about Telecommunications Bill 2023
- This Bill was introduce by Minister of Communications Ashwini Vaishnaw on 18th December 2023. The legislation is slate to replace three existing Acts, the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
- After the passage of the Bill authorisation from the central government will be mandatory to:
- Establish and operate telecommunications networks,
- Provide telecommunications services, or
- Possess radio equipment, according to PRS Legislative Research.
- Spectrum will be allocate through auction, except for specified entities and purposes for which it will be assigned administratively.
- The central government may provide for measures to protect users such as requiring prior consent to receive specified messages, and creation of a do not disturb register.
- This Bill may allow mass surveillance, such measures may violate the fundamental right to privacy on the account of proportionality.
- 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:
- Security of the state,
- Prevention of incitement of offences, or
- Public order.
- This Bill also seeks to amend the Telecom Regulatory Authority of India (TRAI) Act, 1997 to bring cable television network providers as licensees under it.
- Digital Bharat Nidhi: The Universal Service Obligation Fund has been establish under the Indian Telegraph Act, 1885 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 in telecom.
- Telecommunications Bill 2023 specifies various criminal and civil offences. Providing telecom services without authorisation, or gaining unauthorise access to a telecom network or data, are punishable with imprisonment up to three years, a fine up to two crore rupees, or both.
- The Telecommunications Bill 2023 excludes email, internet-based communication services, broadcasting services, machine to machine communication services, and over the top (OTT) communication services.
