The Lok Sabha on Wednesday, 20 December, passed the Telecommunications Bill, 2023, in the absence of over two-thirds of the Opposition MPs.
One of the more controversial provisions in the telecoms bill would give the government power to read, monitor, or block and search messages – and even take control of telecoms networks or services – in the event of “any public emergency, including disaster management, or in the interest of public safety”.
The new Telecommunications Bill 2023, which was introduced in the Lok Sabha by IT Minister Ashwini Vaishnaw, is intended to replace the Indian Telegraph Act (1885), the Indian Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950).
The new telecoms bill provides protections for consumers against spam calls and messages. Among other things, companies must obtain consent from consumers before sending promotional messages, and face tough penalties if they don’t.
The bill would also allow the government to suspend or ban the use of telecom gear from countries or persons deemed a threat to national security. It also requires that telecom equipment be procured only from trusted sources.
The Telecom Bill comes after several rounds of consultations and deliberations. Yet, it has faced fierce criticism from various stakeholders who have pointed out that the proposed legislation could lead to mass surveillance and pose threats to online privacy.
There is also a lack of clarity on whether the Bill applies to Over-the-Top (OTT) communication services such as WhatsApp.
According to ET Telecom, mention of OTTs was removed from the final draft of the bill. An official told the publication that OTTs are under the jurisdiction of the Ministry of Electronics and IT (MeitY).
“If they need to be regulated or not will be decided later as part of the Digital India Act, “ the official said.
