Editorial: Smooth operator

Last week, the new Telecommunications Bill, 2023 was cleared by the Parliament. The bill will replace the colonial era Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950, after presidential assent. The bill is aimed at modernising India’s telecom legislations, consolidating the law for wireless networks and ISPs, and simplifying the process of application for licences and permits for telecom operators. The new bill allows the government to temporarily take control of telecom services in the interest of national security and also provides for stopping transmission and intercepting of messages in case of a public emergency, in the interest of the public and to prevent incitement for committing offences.

The bill also looks to create a robust security apparatus to protect critical mobile networks from cyberattacks and other illegal break-ins. It stipulates a penalty of Rs 50,000 for unsolicited messaging to users, which could go up to Rs 2 lakh per message for repeat offenders, who also face the threat of suspension of their telecom services. Rules will be framed to protect consumers with the setting up of a DND register.

Industry observers have pointed out that it took as many as 138 years to rewrite our archaic laws pertaining to the telecom industry, a sector that is transforming at lightning speed. Interestingly, the bill does not cover under its ambit a plethora of OTT services including messaging apps and email services, which will continue to be regulated directly by the electronics and IT ministry. Experts in the policy space have highlighted a few areas of concern, including how the new bill provides a legal architecture for mass surveillance and internet shutdowns.

One of the new provisions that acts like a dual edged sword is the one that mandates biometric identification before issuance of SIM cards to mobile customers. Users have also been barred from furnishing false particulars and suppressing material information, something that could have a far-reaching impact on whistleblowers and correspondents as well, who operate under the cover of anonymity. The aforementioned clause that allows the state’s interception, monitoring and blocking of communication between two individuals is problematic on many fronts. A majority of online communication is now moving towards an encrypted format, especially in an attempt to bypass state sponsored surveillance programmes.

It might be recalled that the Supreme Court had recently asked all investigating agencies to follow the CBI manual while collecting digital evidence and asked the Centre to formulate guidelines for seizure of digital devices within six weeks. The SC bench had directed the Additional Solicitor General to conceive the guidelines on seizure of digital devices to protect the privacy and freedom of individuals, especially media professionals, against arbitrary seizure within six weeks.

Critics of the new bill have lamented that the proposed auction-less model of spectrum allocation could spur the market entry of select private firms, something that was objected to by MP Priyanka Chaturvedi in the Rajya Sabha. Provisions for regulatory sandboxes as well as dispute resolution systems might also lean in favour of large corporations as opposed to the ordinary citizen, thanks to the oligopolistic set-up of the Indian telecom sector. The TRAI had recently reported that the growth of new telecom users has sharply stagnated in the country, while smartphone sales have also dipped for the second straight year. There’s so much more work that needs to be done in improving rural connectivity as well as ease of access to bridge the digital divide across India.