Modifications in the Telecom Sector Laws in India
These include goals like:
- defence and national security
- catastrophe control
- predicting the weather
- move
- public broadcasting services, BSNL, MTNL, and satellite services such DTH and satellite phone services
- Allotments for satellite Internet: spectrum to American businesses like SpaceX’s Starlink and satellite Internet services like OneWeb (backed by Bharti).
- At the moment, Jio and OneWeb have been issued active authorizations.
- Authority to Monitor and Search: Communications or a group of communications between two or more people may be obstructed, tracked, or intercepted for specific reasons.
- Such measures must be required or practical in the event of a public emergency or safety concern.
They have to serve the following specific purposes, among others:
- preventing the encouragement of crimes or maintaining public order.
- For similar reasons, telecom services may be suspended.
- In the event of a public emergency or safety concern, the government has the authority to temporarily seize any telecom infrastructure, network, or services.
- An official with government authorization has the authority to search buildings or cars to check for illegal telecom networks or equipment.
- Authority to Establish Standards: When it comes to telecom hardware, networks, infrastructure, and services, the federal government has the authority to establish guidelines and evaluations.
- Right of Way: In order to install telecom infrastructure, facility providers may ask for permission to cross public or private property.
- To the greatest extent feasible, rights of way must be granted in a non-discriminatory and non-exclusive manner.
Protection of Users: The federal government may implement the following safeguards for users’ protection:
- prior agreement to receive certain communications, like
- commercials,
- setting up a registry for do not disturb,
- a system that lets users report malicious software or particular messages.
- In order to prevent spam calls and messages, telecom users must use biometric authentication.
- Telecom service providers are required to set up an online grievance registration and settlement system.
- Appointments to TRAI: Under the Bill’s amendments to the TRAI Act, people with
- a minimum of thirty years of experience in the workforce to function as the chairman
- and a minimum of 25 years of experience in the workforce to function as members.
- Digital Bharat Nidhi: To provide telecom services in underserved areas, the 1885 Act established the Universal Service Obligation Fund.
- Regulation of Over-the-Top (OTT) Apps: To the great relief of communication service providers like WhatsApp and Telegram, over-the-top (OTT) services and apps have been excluded from the definition of telecommunication services.
- The Ministry of Electronics and IT will oversee the regulation of OTT apps under the possible Digital India Act, not included in the Telecom Bill.
Penalties and Offences:
- Unauthorised access to a telecom network or data, as well as the provision of telecom services, are crimes that carry fines of up to two crore rupees, three years in jail, or both.
- Violations of the authorization terms and conditions might result in a civil penalty of up to five crore rupees.
- A fine of up to 10 lakh rupees can be imposed for using an unauthorised network or service or for possessing unauthorised equipment.
- Process of Adjudication: In accordance with the Bill, the central government will designate an adjudicating official to carry out investigations and issue directives against civil offences.
- The officer needs to be at least a joint secretary in rank.
- Within thirty days, orders made by the adjudicating officer may be appealed to the Designated Appeals Committee.
- Within 30 days, appeals against the Committee’s orders regarding terms and conditions violations may be submitted to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
Problems with the bill:
- The Universal Services Obligation Fund (USOF) has been renamed the “Digital Bharat Nidhi.” However, this name change alone doesn’t address the issues surrounding the ongoing digital gap, which have gotten worse recently.
- Satellite spectrum distribution without the requirement for auctions: This will probably let some private companies enter the market.
The Telecom Act is replete with state control:
- For example, the term “licencing” has been replaced with the more serious term “authorization.”
- The definition of “telecommunication” and “telecommunication services,” which encompass the “transmission of any messages,” are ambiguous.
- This will enable the Union government to grant licences for email services like Gmail and Over-The-Top (OTT) messaging apps like WhatsApp.
- This will be utilised in conjunction with other laws to breach confidentiality and security through the use of encryption-based messaging.
- The Telegraph Bill’s language about Internet shutdowns and powers of interception and surveillance has been copied without any protections.
- When new provisions are added, such a new clause on “national security,” the Union government’s authority to utilise, set standards for, halt, and seize control of any communications service is increased.
- The law mandates any telecommunications service provider, such as WhatsApp or Signal, to identify the user by “any verifiable biometric based identification as may be prescribed” in order to guarantee that the web of a surveillance state is complete.
- There is a legal penalty of ₹25,000 for supplying “any false particulars, suppressing any material information,” and failing to divulge information as required by this Act, according to a standard “kartavya kaal” clause that has been inserted.
The Way Ahead:
- Instead of being sent to a Standing Committee, the Telecom Bill was hurriedly approved by both Houses of Parliament.
- Anuradha Bhasin v. Union of India: It is necessary to take into account the lessons and suggestions from both the Supreme Court’s ruling and the Standing Committee on Information Technology’s 2021 report.
