13-July-2024-Special-Article

TELECOMMUNICATIONS ACT, 2023 

The central government has recently notified certain sections of the Telecommunications Act, 2023.

This new legislation aims to update and unify existing telecom laws by replacing outdated laws such as the Indian Telegraph Act of 1885, the Indian Wireless Telegraph Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.

The Act seeks to address modern telecommunications needs and challenges while promoting innovation and ensuring security.

Salient Features of the Telecommunications Act, 2023 

Definitions:

• The Act provides clear definitions, reducing ambiguities.
• Includes internet-based messaging services like WhatsApp, Signal, and Telegram under its scope, except Over-the-Top (OTT) services.

Right of Way (RoW) Framework:

• Establishes an effective RoW framework on both public and private properties.
• Broadens the definition of public entities to include government agencies, local bodies, and PPP projects such as airports, seaports, and highways.
• Public entities are generally obligated to provide right of way, except in special circumstances.

Common Ducts:

• In line with PM Gati Shakti’s vision, the Act allows the Central Government to establish common ducts and cable corridors.

National Security Measures:

• Section 20 (2) allows the government to stop the transmission of any message for public safety or during emergencies.
• Expands the number of government entities that can intercept messages.

Digital Bharat Nidhi:

• Transforms the Universal Service Obligation Fund (USOF) into Digital Bharat Nidhi.
• Funds can be used for research, development, and pilot projects, not just rural telecom services.

Regulatory Sandbox:

• Provides a legal framework to facilitate innovation and deployment of new technologies.

Protection of Users:

• Penalizes operators for sending commercial messages without user consent.
• Mandates operators to establish Do Not Disturb registers.
• Limits the number of SIM cards to 9 per person, with fines up to Rs 2 lakh for violations; reduced to 6 for residents of Jammu and Kashmir and the Northeast.

Historical Framework (1885-2023)

• The Indian telecom sector has evolved through laws like the Indian Telegraph Act, 1885; the Indian Wireless Telegraphy Act, 1933; and the Telegraph Wires (Unlawful Possession) Act, 1950.
• The 1950 Act was repealed by the Repealing and Amending Act, 2023, showing regulatory adaptability.

Regulatory Authorities 

TRAI Act, 1997:

• Established the Telecom Regulatory Authority of India (TRAI) and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
• Central government retains licensing authority.

Merits of the Telecommunications Act, 2023 

Navigates Different Communication Technologies:

• Adapts to various communication technologies including voice calls, messaging, video calls, wearables, and Industry 4.0.
• Anticipates integration with AI, IoT, and quantum computing.

Promotion of R&D:

• Encourages competition and resource mobilization for research and pilot projects through Digital Bharat Nidhi.

Extensive Jurisdiction:

• Applies to the whole of India and covers offences committed outside India by any person.

Promotion of Verifiable User:

• Mandates the use of verifiable biometric identification (Aadhaar) for new SIMs/connections.
• Protects users from spam through Do Not Disturb registers.

Demerits of the Telecommunications Act, 2023 

Unrestricted Government Authority:

• Grants extensive powers to intercept and disclose messages without recommended procedural safeguards.

Privacy and Security Risks:

• Requires access to encrypted messages, threatening communication security and privacy.
• Mandates biometric identification, raising privacy concerns.

Grey Area of Messaging:

• Excludes OTT services from its scope, leaving them as a grey area.

Impact on Rural Telecom Penetration:

• Diverts funds from the USOF to R&D and pilot projects, potentially reducing telecom services establishment in rural areas.

Government Initiatives in the Telecom Sector

• Prime Minister Wi-Fi Access Network Interface (PM-WANI): Aims to provide affordable and accessible internet across India through public Wi-Fi hotspots.
• Bharatnet Project: Aims to connect all gram panchayats in India with high-speed broadband.
• Production Linked Incentive (PLI) Scheme: Provides incentives for manufacturing telecom and networking products in India.
• Bharat 6G Alliance: Focuses on developing and deploying 6G technology in India.

Conclusion 

The Telecommunications Act, 2023 is a significant step towards modernizing India’s telecom laws. It aims to balance the need for innovation and development with user protection and national security.

While it has several merits, including clear definitions, a robust RoW framework, and promotion of R&D, it also poses challenges related to privacy, security, and rural telecom penetration. 

Government initiatives like PM-WANI, Bharatnet, and the PLI scheme support the Act’s objectives and contribute to the overall growth of the telecom sector in India.

Mains Question: 

1. Discuss the significance of the Telecommunications Act, 2023 in modernizing India’s telecom sector. (150 WORDS)