Govt tables Telecommunications Bill 2023 in Parliament: Check details

The Centre will take temporary possession of telecom network in case of any public emergency or in the interest of public safety, under the Telecommunications Bill, 2023

The government on Monday tabled before Parliament a new draft of the Indian Telecommunications Bill, 2023, to create a legal and regulatory framework for telecom networks.

The Bill seeks to replace the existing regulatory framework for the telecommunication sector, which is based on the Indian Telegraph Act, 1885, the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950).

The government has said the legislation has a dual commitment: Safeguarding user interest and fostering innovation. One of its key objectives is to tackle the menace of fraudulent calls from international numbers.

Here are some of the features of the Telecommunications Bill 2023:

Govt to take control during public emergency

The Bill authorises the government to temporarily take control of telecom services in the event of any public emergency or in the interest of public safety.

It says, “On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the central government or a state government or any officer specially authorised in this behalf by the central government or a state government, if satisfied that it is necessary or expedient so to do, by notification— (a) take temporary possession of any telecommunication service or telecommunication network from an authorised entity; or (b) provide for appropriate mechanism to ensure that messages of a user or group of users authorised for response and recovery during public emergency are routed on priority.”

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 will be taken in the interest of public safety or public emergency including security of the state, prevention of incitement of offences, or public order.

“On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the central government or a state government or any officer specially authorised in this behalf by the central government or a state government, if satisfied that it is necessary or expedient so to do, by notification—take temporary possession of any telecommunication service or telecommunication network from an authorised entity,” says the Bill.

What it means for WhatsApp, Telegram

While the Bill defines transmission of messages through wire or wireless technologies as telecommunication, civil servants have said the definition is in accordance with an old law.

ALSO READ: Telecom Bill 2023: GMPC players may get spectrum at administered price

The Bill has removed over-the-top (OTT) players from the definition of telecommunications, giving relief to players like WhatsApp, Signal, Telegram and Google Meet while earmarking the non-auction route to allocate spectrum for services like satellite communications and backhaul.

Safeguard against spam calls

Under the proposed law, the registration of "Do Not Disturb" or DND will get a legal mandate. The move aims to guard consumers against spam or unsolicited commercial messages and calls.

The legislation has a provision that requires consumers' prior consent to be taken to send them advertising and promotional messages for goods and services and soliciting financial investments.

Firms that violate the norms by making such communications, despite the user not granting his consent, would be liable for a penalty of Rs 50,000 in the first instance. According to the Bill, the fine will go up to Rs 2 lakh for each subsequent violation.

Industry players hail Telecommunications Bill 2023

Industry players welcomed the new Telecommunications Bill, 2023, saying its provisions are progressive and forward-looking.

“I would like to warmly compliment the government for introducing a progressive and forward-looking Telecommunications Bill in the Parliament. The Bill suggests groundbreaking reforms by streamlining India's licensing landscape. It aims to simplify the current convoluted system, which includes various types of licensing [licence, registration, permission], into a more cohesive and efficient authorisation-based regime," Gopal Vittal, managing director (MD) and chief executive officer (CEO), Bharti Airtel was quoted as saying by 'Times of India'.

"The Telecommunications Bill, 2023, tabled in the parliament, represents a watershed moment in the telecom reform process and reaffirms the commitment of the government to provide Indian telecom with a future-fit framework that helps achieve the growth aspirations of new India," said Akshaya Moondra, CEO, Vodafone Idea Limited.

"The Bill carries several forward-looking provisions that will help deliver the benefits of digital connectivity to all our citizens. We warmly welcome the rationalisation of penalties and the legal enforceability of right of way provisions, a long-standing request of the industry," he said.