Bills & Acts- New Telecom Bill | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

The Department of Telecommunications has proposed the Draft Indian Telecommunication Bill 2022 to replace three existing laws governing telecommunications in India and regulate OTT services.

Draft Telecommunication Bill 2022:

• Updated and Consolidated Various Laws: The new bill aims to update and consolidate the current regulatory framework of telecommunications in India by replacing three existing laws.
• Introduced Technological Advancements: The proposed bill aims to incorporate technological advancements and remove outdated provisions from the colonial era laws to keep pace with the changing technological landscape.

Analysis part of this bill

• The Indian Telecommunication Bill 2022 aims to amend and consolidate the existing laws governing the provision, development, expansion, and operation of telecommunication services, telecom networks, infrastructure, and assignment of spectrum.
• The bill proposes to combine the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Protection) Act of 1950, among other amendments. The bill also aims to provide a legal framework for user safety and security to prevent harassment from unauthenticated sources by requiring prior user consent for promotional services or advertisements.
• The draft also provides for the right of appeal and an alternate dispute resolution mechanism for telecom-related disputes. Additionally, the bill grants the central government unwavering power, dilutes the watchdog function of the Telecom Regulatory Authority of India (TRAI) to a recommendatory body, and stipulates that the assigned spectrum will return to the central government's control if a telecom entity possessing it undergoes bankruptcy or insolvency. 
• Finally, the bill proposes to replace the Universal Service Obligation Fund (USOF) with the Telecommunication Development Fund (TDF).

OTT platforms:

• The draft Indian Telecommunication Bill 2022 includes new-age over-the-top communication services such as WhatsApp, Signal, and Telegram in the definition of telecommunication services. The providers of these services will be subject to similar rules as other telecom operators and will be covered under the licensing regime.
• The issue of providing a level-playing field between telecom service providers and OTT apps has been a topic of contention for several years, particularly concerning communication services such as voice calls and messages.

Limitations and concerns with the draft bill

• Inclusion of OTT communication platforms: The broad definition of 'telecommunication services' in the draft bill, which includes platforms like WhatsApp, Telegram, and Signal, could result in regulatory or jurisdictional overlaps.
• Broad powers to central government: The draft bill provides broad powers to the central government in certain situations without sufficient checks and balances.
• Interception of messages: The draft bill enables the central and state governments to intercept messages in the interest of public safety and emergency, but without clearly defined guidelines.
• Undefined term 'national security': The term 'national security' is left undefined in the draft bill and does not match constitutional precedent or text, which instead uses the phrase 'in the interests of the security of state.'

Conclusion

Realizing the vision of 'Digital India' requires affordable broadband connectivity for all. Intercepting citizens' messages should only be done with reasonable basis or tangible evidence, and any deviation from ethical and legal parameters set by law would be a deliberate invasion of citizens' privacy.