Telecommunications Bill, introduced in Lok Sabha, allows the Center to take over and suspend power over national security
The Telecommunications Act, 2023, was introduced by Minister of Communications, Electronics and Information Technology Ashwini Vaishnaw amid protests from opposition parties.
New Delhi: The draft Telecommunications Bill 2023, which was tabled in the Lok Sabha on Monday, allows the central government to take over, manage or suspend any or all telecommunication services or networks in the interest of national security. Moreover, the Telecommunications Act, 2023 aims to replace the 138-year-old Indian Telegraph Act, which governs the telecom sector.
Earlier in August, the Union Cabinet had approved the Telecommunications Act and the draft of the bill released in 2023 proposed to bring over-the-top or internet-based calling and messaging apps under the definition of telecommunications to enhance user safety .
The Telecommunications Bill, 2023, was introduced by Minister for Communications, Electronics and Information Technology Ashwini Vaishnaw amid protests from opposition parties over their demand for a statement from Home Minister Amit Shah on the December 13 Parliament security breach incident .
BSP MP Ritesh Pandey opposed its introduction and said the government is bringing it as a “cash bill” so that Rajya Sabha cannot have a deciding vote. He said the bill also raises concerns about data privacy.
The new bill seeks to repeal the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950.
According to the objectives and reasons of the bill, there is a need to create a legal and regulatory framework that focuses on safe and secure telecommunication networks that ensure digitally inclusive growth.
It was stated that the telecommunications sector is an important driver of economic and social development, the gateway to digital services and that the security of our country is critically dependent on the security of telecommunications networks. The current legal framework is governed by three laws passed in 1885, 1933 and 1950.
“The nature of telecommunications, its uses and the underlying technologies have undergone enormous changes, especially in the past decade. Therefore, there is a need for legislation for the telecom sector that meets the needs of our society,” the statement said.
The bill aims to provide a framework for the authorization of telecommunications services, telecommunications networks and the ownership of radio equipment; the allocation and efficient use of spectrum, including provisions for harmonization and re-farming; development of new technologies and regulatory sandbox for innovation using spectrum.
It provides a framework for developing and maintaining telecom networks through provision of transit and establishment of common channels.
The bill provides a framework for standards and conformity assessment of telecommunications equipment, telecommunications identifiers, telecommunications networks and telecommunications services and facilities for national security, public emergencies and public safety;
The bill contains provisions for the protection of users and defines their users. It has a dispute resolution framework, a compliance framework for the effective implementation of the proposed legislation and reserves Part III of the Indian Telegraph Act, 1885 for matters relating to construction of transmission lines under Section 164 of the Electricity Act of 2003.
As the opposition members continued their protest, Rajendra Agrawal, who was chairing the meeting, told them not to display placards. “This could lead to action,” he says. As the opposition members did not yield, the House was adjourned until 2 p.m.