The Telecommunications Act, 2023 is an act of the Parliament of India to replace the Indian Telegraph Act, 1885. It aims to consolidate laws relating to development, expansion and operation of telecommunication services and networks.[1][2][3][4]
| Telecommunications Act, 2023 | |
|---|---|
 | |
| Parliament of India | |
| |
| Citation | Bill No. 194 of 2023 |
| Territorial extent |  India |
| Enacted by | Lok Sabha |
| Enacted | 13 December 2023 |
| Assented to by | President of India |
| Assented to | 25 December 2023 |
| Legislative history | |
| Bill title | Telecommunications Bill 2023 |
| Introduced by | Ashwini Vaishnaw |
| Introduced | 20 December 2023 |
| Voting summary |
|
| Passed | 21 December 2023 |
| Voting summary |
|
| Repeals | |
| Indian Telegraph Act 1885 | |
| Status: In force | |
Background and timeline
editOn 20 December 2023, the Telecommunications bill, 2023 was passed by Lok Sabha.
On 21 December 2023, the Telecommunications bill, 2023 was passed in Rajya Sabha.
The Bill replaces the Indian Telegraph Act of 1885 with a comprehensive framework for the telecom sector.
The Key Provisions of the Bill are:
1. Regulation of OTT Services: The bill proposes to bring over-the-top (OTT) services under the definition of telecommunications. This would subject them to similar regulations as traditional telecom services, potentially raising concerns about privacy and freedom of expression.
2. Government powers: The bill grants the government wide-ranging powers, including the ability to:
- Suspend or prohibit use of telecom equipment from countries or individuals for national security reasons.
- Take over, manage, or suspend any or all telecommunication services or networks in the interest of national security.
- Waive entry fees, license fees, penalties, etc., to promote consumer interests, market competition, or national security.
3. Spectrum allocation: The bill introduces a new system for allocating spectrum for satellite broadband services. This could potentially benefit rural areas and bridge the digital divide.
4. Other provisions: The bill also includes provisions for:
- Promoting research and development in the telecom sector.
- Protecting consumer rights and ensuring data privacy.
Facilitating the deployment of new technologies like 5G.
Reactions
editConcerns have been raised about the potential for government overreach and content censorship, as the bill grants broad powers to regulate online content.[5][6][7]
The bill's provisions granting wide-ranging powers to the government, including suspension of services and equipment bans, have been criticized as giving excessive control and potentially jeopardizing fundamental rights like freedom of expression and privacy.[8][9] Critics argue that the drafting and consultation process for the bill has been opaque and lacked sufficient involvement of key stakeholders, leading to concerns about its effectiveness and fairness.[10]
The bill's data localization requirements, which mandate storing user data within India, raise concerns about potential misuse and surveillance by the government or third parties.[11]
Provisions for interception and decryption of communications further add to worries about the protection of personal information and online privacy.[12]
References
edit- ^ Centre, National Informatics. "Digital Sansad". Digital Sansad.
- ^ "Telecommunications Bill 2023 tabled in Lok Sabha". The Economic Times. December 18, 2023.
- ^ "Telecom Bill 2023: What powers it gives the government for 'national security'". December 18, 2023.
- ^ "Telecom Bill allows Centre to take over, suspend services over 'national security'". India Today. 18 December 2023.
- ^ Aulakh, Gulveen (December 18, 2023). "Telecom bill to okay administrative allocation for satellite broadband services". mint.
- ^ "New Telecom Bill will allow Centre to take over, suspend mobile network for public safety". The Times of India. December 18, 2023.
- ^ Singh, S. Ronendra (December 18, 2023). "Telecom Bill introduced in Parliament, vests more powers with government". BusinessLine.
- ^ "Parliament winter session: Ashwini Vaishnaw introduces Telecommunications Bill, 2023 in Lok Sabha". Business Today. December 18, 2023.
- ^ "Tabled in Lok Sabha, Telecommunications Bill seeks to regulate all online services". Hindustan Times. December 18, 2023.
- ^ Mahadik, Karan (December 18, 2023). "Parliament Winter Session: New Telecom Bill Introduced in Lok Sabha Amid Ruckus". TheQuint.
- ^ Das, Awstika (December 18, 2023). "Telecommunications Bill 2023 Introduced In Lok Sabha With Money Bill Classification". www.livelaw.in.
- ^ Scroll Staff (December 18, 2023). "New Telecom Bill will allow Centre to take over, suspend services for 'national security'". Scroll.in.