Short Title: | Telecommunications Act, 2023 |
Legislature: | Parliament of India |
Long Title: | A Bill to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment ofspectrum; and for matters connected therewith or incidental thereto. |
Citation: | Bill No. 194 of 2023 |
Territorial Extent: | India |
Enacted By: | Lok Sabha |
Date Enacted: | 13 December 2023 |
Assented By: | President of India |
Date Assented: | 25 December 2023 |
Bill Date: | 13 December 2023 |
Passed For: | Majority (Voice Vote) |
Passed Against: | Minority (Voice Vote) |
Date Introduced: | 20 December 2023 |
Passed2: | 21 December 2023 |
Passed2 For: | Majority Voice |
Passed2 Against: | Minority Voice |
Bill: | Telecommunications Bill 2023 |
Introduced By: | Ashwini Vaishnaw |
Repeals: | Indian Telegraph Act 1885 |
Status: | in force |
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]
On 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:
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:
Facilitating the deployment of new technologies like 5G.
Concerns 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]