Telecommunications Act, 2023 Explained

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]

Background and timeline

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.

Reactions

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]

Notes and References

  1. Web site: Digital Sansad. National Informatics. Centre. Digital Sansad.
  2. Web site: Telecommunications Bill 2023 tabled in Lok Sabha. December 18, 2023. The Economic Times - The Times of India.
  3. Web site: Telecom Bill 2023: What powers it gives the government for ‘national security’. December 18, 2023.
  4. Web site: Telecom Bill allows Centre to take over, suspend services over ‘national security’. India Today.
  5. Web site: Telecom bill to okay administrative allocation for satellite broadband services. Gulveen. Aulakh. December 18, 2023. mint.
  6. Web site: New Telecom Bill will allow Centre to take over, suspend mobile network for public safety. December 18, 2023. The Economic Times - The Times of India.
  7. Web site: Telecom Bill introduced in Parliament, vests more powers with government. S. Ronendra. Singh. December 18, 2023. BusinessLine.
  8. Web site: Parliament winter session: Ashwini Vaishnaw introduces Telecommunications Bill, 2023 in Lok Sabha. December 18, 2023. Business Today.
  9. Web site: Tabled in Lok Sabha, Telecommunications Bill seeks to regulate all online services. December 18, 2023. Hindustan Times.
  10. Web site: Parliament Winter Session: New Telecom Bill Introduced in Lok Sabha Amid Ruckus. Karan. Mahadik. December 18, 2023. TheQuint.
  11. Web site: Telecommunications Bill 2023 Introduced In Lok Sabha With Money Bill Classification. Awstika. Das. December 18, 2023. www.livelaw.in.
  12. Web site: New Telecom Bill will allow Centre to take over, suspend services for ‘national security’. Scroll Staff. December 18, 2023. Scroll.in.