Telecom Bill 2023 Introduced Amidst Opposition Protest

• 20 Dec 2023

Union IT Minister introduced the Telecommunications Bill, 2023, in the Lok Sabha on Monday, 18 December, amidst protests from Opposition MPs.

Key Points

• Proposed Legislation Aims to Replace Outdated Acts: The Telecommunications Bill, 2023, aims to replace the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and The Telegraph Wire (Unlawful Possession) Act, 1950, with a modern telecom legislation.
• Draft Bill Released in September 2022, cleared in August 2023: The draft telecom bill was released by the Centre in September 2022 and covered various aspects, including licensing for telecom service providers, telecom infrastructure setup, spectrum assignment and management, spam message protection, and more.
• Expanded Definition: The draft Bill's Clause 2(21) expanded the definition of "Telecommunication Services" to include "Over-The-Top (OTT) communication services," potentially requiring OTT platforms to seek licenses.
• Encryption Backdoor: Clause 24(2) empowered the government to intercept messages in the interest of public safety, raising concerns for encrypted platforms like WhatsApp and Signal.
• Internet Shutdowns: Clause 24(2) allowed the government to suspend communication during emergencies, leading to concerns about proportionality and potential misuse.
• Reinforced Licensing: Clause 3 granted the government "exclusive privilege" for telecommunication services, raising concerns about a cumbersome KYC process for users of OTT platforms.
• Dilution of TRAI's Powers: The draft Bill proposed to omit provisions of the Telecom Regulatory Authority of India Act, 1997, leading to concerns about the regulator's limited role and powers.