Indian Telecommunication Bill, 2022

Introduction

India is the world’s second-largest telecommunication ecosystem, with 117 subscribers. The telecommunication sector employs more than 4 million people and contributes 8% of the Indian GDP. However, the new draft “Indian Telecommunication Bill” that replace the British-era Telegraph Act, of 1885, was released by the 290 Samples | Law (DoT) under the Ministry of Communication. The new bill replaces the three existing laws- Telegraph Act, the Indian Wireless Telegraphy Act,1933, and the Telegraph Wire (Unlawful Possession) Act, 1950 and ‘restructures the legal and regulatory framework’ in the sector of telecommunications. We live in the era of technologies, where new technologies were launched day-by-day and there is a need to change these outdated laws which were enacted more than 70 years back.

What does Telecommunication mean?

Telecommunication is Communication in which people communicated with each other over a distance by cable, telegraph, telephone, or broadcasting.

‘Telecommunication also known as Telecom is the exchange of information over significant distances by electronic means and refers to all types of voice, data, and video transmission.’

Chapter 2 of the Bill deals with definitions.

The Bill defines “telecommunication” to mean “a 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 in the course of their transmission, emission or reception.”
The Bill defines “telecommunication services" to mean "service of any description (including broadcasting services, electronic mail, voice mail, voice, video, and data communication services, audio text services, videotex services, fixed and mobile services, internet and broadband services, satellite-based communication services, internet-based communication services, in-flight and maritime connectivity services, interpersonal communications services, machine to machine communication services, over-the-top (OTT) communication services) which is made available to users by telecommunication, and includes any other service that the Central Government may notify to be telecommunication services.”
The Bill defines “telecommunication networks” to mean “a system or series of systems of telecommunication equipment, or telecommunication infrastructure, or both, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but shall not include customer equipment.”

Clause 2(21) of the bill also includes the “Over-The-Top” (OTT) platform- which also includes all instant messaging and video call applications like WhatsApp, Zoom, Telegram, etc. By including all this, the bill expands the definition of Telecommunication services as compared to the already existing laws.

What are the OTT Platforms?

They are the audio-video hosting and streaming services like Netflix, Amazon prime video, Hot star, SonyLiv, etc. which started as content provided over the existing internet services as the term itself stands ‘Over The Top.’ It is a means of providing short films, movies, web series, documentaries, etc. It can be viewed over the internet instead of using a satellite connection or cable connection.

Why there is a need to introduce a new bill?

According to the Government, the country needs to meet the changes in the field of technology as the needs of the 21st century. This bill push the reforms which we needed at the current time. The bill introduces a set of separate rules to deal with insolvency for stressed telecom assets, easier merger, and acquisition norms and easily wave off fees and penalties of telecom and internet service providers and regulate internet-based services.

According to the explanatory note by the center, the whole regulatory framework for the telecommunication sector is guided by the Indian Telegraph Act, of 1885.

Telegraph- It is a system of sending messages over long distances, either using electricity or radio signals.

But the world stopped using Telegraph in 2013, as we all know what today’s world mostly used – 5G, 4G, M2M communication, Industry 4.0, etc. So to meet the needs, we need a massive change over the telecommunication services system.

The note explains the aim of the bill to consolidate amending the Telecommunication services networks and infrastructure and spectrum.

Spectrum:- Spectrum means the invisible radio frequencies that wireless signals travel over such signals enable people to make a call and use different applications over mobile phones.

Dilution of TRAI Power.

TRAI is the Telecom Regulatory Authority of India (TRAI). Department of Telecommunication (DoT) removes the power of the TRAI to requisition from the government information or document which were necessary to make the recommendation. Also, no longer be required to seek recommendations from TRAI for issuing licenses and for a recommendation.

Affecting User’s Privacy A Myth?

ITB is being questioned about its intention in bringing OTT communication services into it. It seeks OTT communication platforms to take up a license from the government to operate as other telecom operators do.

ITB also seeks to enforce Know-Your-Customer (KYC) practices. Under Clause 4(7), which concerns KYC, platforms require a license to “unequivocally identity the person to whom it provides services, through a verifiable mode of identification as may be prescribed.”

Unequivocally means clearly, no doubt.

And Clause 4(8) requires the identity of the person sending a message to the user who receives the message. End-to-end encryption is important but surely WhatsApp is affected by Indian Telecommunication Bill, as the government seeks to store data transferred on these platforms.

According to Forbes India – Indians are most active on WhatsApp with 399 million monthly active users in 2020 alone.

India leading the Global Internet Shutdown Index.

According to internetshutdown.in, at least 683 shutdowns happens in the decade since 2013. India became the internet shutdown capital of the world, in the last 5 years, since 2018, there are at least 543 shutdowns. That means over 100 shutdowns annually. Now, through this bill, there is a legal provision for the suspension of internet services in chapter 6. As mentioned under the clause 24(2) on the occurrence of any public emergency, to protect public safety; the Centre and State Government can order the suspension of internet services. SC also held that “the government in public emergency circumstances must consider less intrusive and alternative remedies in place of blocking or intercepting telecommunication services.”

Conclusion:- From the above explanation, there are both pros and cons of the new bill but to achieve the position side of this bill, there are many challenges to be faced like maintaining sufficient spectrum and adopting new technologies as faster as the future of the 21st century can easily used it and sparked as better future of India.

Reference.

Online Sources.

Statutes.

Indian Telegraph Act, 1885, No. 13, Act of Parliament, 1885 (Indian).
Indian Wireless Telegraphy Act, 1933, No. 17, Act of Parliament, 1933 (India).
Telegraph Wire (Unlawful Possession) Act, 1950, No. 74, Act of Parliament, 1950 (India).

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