Telecom Bill 2023 explained: Centre's powers and users' rights

In the Telecom Bill 2023, there is a thrust on the development of telecom networks in the country by providing the right of way for the expansion of telecom networks. At the same time, the Bill also has detailed provisions for the protection of the rights of telecom users while ensuring national security, writes Krishnanand.

Communications Minister Ashwini Vaishnaw Monday introduced a comprehensive bill in the Lok Sabha to regulate the telecom sector in the country which as of now has been governed by three major laws, including two laws passed during the British Raj and the third law enacted more than seven decades ago when no one could even think of the telecom sector and telecommunication and internet services as they exist today.

Vaishnaw said the sector was a key driver of economic and social development and a gateway to digital services. Moreover, the security of the country was also vitally dependent on the safety of the telecommunication network therefore a new law was required to replace the three laws passed in 1885, 1933 and 1950 – the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933 and the Telegraph Wires (Unlawful Possession) Act of 1950.

In the Telecom Bill 2023, there is a thrust on the development of telecom networks in the country by providing the right of way for the expansion of telecom networks. At the same time, the Bill also has detailed provisions for the protection of the rights of telecom users while ensuring national security.

The Bill defines telecommunication as transmission, emission or reception of any messages, by wire, radio, optical or other electromagnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means during transmission, emission or reception. In short, it covers all kinds of messages transmitted over radio waves or the internet.

The proposed law has expanded the definition of telecommunication equipment as it includes any equipment, appliance, instrument, device, radio station, radio equipment, material, apparatus, or user equipment, that may be or is being used for telecommunication, including software and intelligence integral to such telecommunication equipment. It means that if Artificial Intelligence (AI) has been used in operation of any telecom equipment or telecom network then it will also be covered under the new law.

Moreover, it also covers telecommunication identifiers which include a series of digits, characters and symbols used to uniquely identify a user. In this way, it also covers IMEI and ISMI numbers assigned to mobile devices and SIM cards.

Public Safety in Telecom Bill 2023

Under the Telecom Bill 2023, the government has dealt in detail with the role of telecom networks during the public emergency including in disaster management to ensure public safety and national security.

In such a situation, the government proposes to take temporary possession of any telecommunication service or telecommunication network so that the messages of a user or group of users authorised for response and recovery during a public emergency are routed on priority.

Moreover, if the government is satisfied that it is necessary for national security and public safety then it can direct any message or class of messages, to any person or class of persons, and messages emanating or transmitted through any telecom equipment either shall not be transmitted or shall be intercepted or detained and they will be disclosed to the government in an intelligible format. This power also extends to detaining and intercepting messages on a particular subject as well.

For example, if there is an attempt to incite violence by a series of messages passed through messaging apps such as WhatsApp or Telegram or any other messaging app then the government will be able to restrict the transmission of messages based on the subject matter alone. In such cases, the government can direct suspension of services.

Power to take control of telecom network

Given the importance of maintaining the integrity of the country’s telecom network in the event of a war or a massive cyber attack, the government has listed out certain measures in the Telecom Bill 2023 for taking control of the telecom network or a part of it in such a situation. The Bill said the Central Government may in the interest of national security or in the event of war, by notification take such measures and issue directions.

These provisions also cover the standards applicable to the manufacture, import and distribution of telecommunication equipment. For example, the Central government has taken measures to control the unabated import of mobile phones by Chinese players following the deadly border clash in the Ladakh region in 2020.

The Bill says that the government can issue directions for the procurement of telecommunication equipment and telecommunication services only from trusted sources and suspend, remove or prohibit the use of specified telecommunication equipment and telecommunication services from countries or persons by way of a notification.

These measures also include giving powers to the Central government to take over the control and management of, or suspend the operation of or manage the entire telecom network or a part of it operated by a telecom company.

Users’ rights under Telecom Bill 2023

The Telecom Bill 2023 provides for measures for the protection of users, in consonance with any regulations notified by the Telecom Regulatory Authority of India (TRAI) from time to time. These measures include detailed provisions to curb the misuse of unsolicited calls and short messages (SMSes) widely used by telemarketing entities. The Bill introduced in the Lok Sabha deals in detail with unsolicited messages, advertising and promotion. It will require prior consent of users to receive certain specified messages or class of specified messages.

The Bill mandates the preparation and maintenance of one or more registers, to be called as ‘Do Not Disturb (DND)’ register, to ensure that users do not receive specified messages or a class of specified messages without prior consent. The Telecom Bill 2023 also deals with the issue of providing a mechanism for telecom users to report any malware or specified messages received in contravention of the proposed law.

It said that an authorised entity (a telecom service provider) providing telecommunication services will have to establish an online mechanism to enable users to register any grievance about the telecommunication service, and redress such grievances, in such manner as may be prescribed.