DoT's new Telecom Act rules explained: Internet shutdowns to infra updates

The Telecom Act, which replaces outdated laws like the Indian Telegraph Act of 1885, has raised concerns over mass surveillance and online privacy

Since the partial implementation of the Telecommunications Act, 2023 in June, the Department of Telecommunications (DoT) has been gradually rolling out crucial rules to enforce the new telecom legislative framework. This move signals a significant overhaul in India's telecom regulation, addressing issues like internet shutdowns, cybersecurity, and telecom infrastructure development, reported The Indian Express.

At the India Mobile Congress 2024 in July, Union Minister of Communications Jyotiraditya Scindia confirmed that the remaining rules and provisions under the Telecom Act would be fully notified within the next 180 days. The controversial act, which Parliament passed in December last year, replaces outdated laws like the Indian Telegraph Act, 1885, despite concerns about mass surveillance, vague language, and threats to online privacy.

 

Here’s an in-depth look at the newly proposed rules under the revamped Telecom Act.

 

Temporary suspension of Telecommunication Services Rules, 2024

One of the most contentious aspects of the new framework is the regulation of internet shutdowns. The draft rules specify that internet shutdowns can only be ordered by either the Union Ministry of Home Affairs' home secretary or a state home department’s secretary in charge. In cases where they are unavailable, a joint secretary at the Centre is authorised to issue the shutdown order.

The rules require that any shutdown order must be published with clear reasons for the suspension. It should also define the geographical scope and duration of the shutdown, which cannot exceed 15 days.

A shutdown order must be sent to a review committee within 24 hours. This committee, consisting of the cabinet secretary, the legal affairs secretary, and the DoT secretary at the Centre, or a similar composition at the state level, will examine the legality of the order within five days. If deemed unlawful, the shutdown order can be overturned.

Additionally, law enforcement agencies are mandated to appoint nodal officers in each state or union territory to ensure the implementation of the internet shutdown orders.

Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024

On August 28, the DoT issued another set of draft rules aimed at protecting the nation’s critical telecom infrastructure. The central government is empowered to designate any telecom network or equipment as “critical” if its disruption poses risks to national security, public health, or the economy.

The draft rules grant government-authorised personnel the authority to inspect hardware, software, and data associated with critical telecom infrastructure. Telecom companies are required to appoint a chief telecom security officer to oversee compliance with these rules and share logs related to network architecture, cybersecurity incidents, and audit reports with the government.

Telecom entities must also preserve network logs, maintain supply chain records, and submit annual threat assessments of their telecom architecture. Additionally, any upgrade to critical telecom infrastructure must receive prior approval from the central government.

Broader implications of new Telecom rules

These new rules signal a shift in how the Indian government seeks to manage national security and public order in the digital age. However, they have sparked concerns among civil liberties groups over potential overreach, particularly regarding the authority to impose internet shutdowns and scrutinise telecom networks.

With the Telecommunications Act, 2023 set to be fully implemented soon, it remains to be seen how these regulations will balance national security with individual freedoms and industry growth.