Telecom Bill, tabled in LS, allows Centre to take over mobile networks for public safety
A key feature of the draft Telecom Bill is that it allows the Centre to take temporary possession of any mobile service in certain circumstances
The Centre can take "temporary possession" or suspend any mobile services in the interest of national security or public emergency, states the draft Telecommunications Bill, 2023.
This Bill, which is all set to supplant the 138-year-old Indian Telegraph Act that governs the telecom sector, was introduced in the Lok Sabha on Monday (December 18), amid the ongoing protests by the Opposition in Parliament.
This Bill seeks to replace two other existing Act as well: the Indian Wireless Telegraphy Act, 1933, and The Telegraph Wire (Unlawful Possession) Act, 1950.
One of the key features of the draft Telecommunications Bill, 2023, that seems to be of concern is that in the event of any public emergency, which can also include disaster management, or public safety, “the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government, if satisfied that it is necessary or expedient so to do, by notification- (a) take temporary possession of any telecommunication service or telecommunication network from an authorised entity..."
According to media reports, experts felt that giving the government power to shut down mobile services can be misused to curtail protests.
Curbing OTT platforms and TRAI
Other concerns in the Bill related to bringing the over-the-top or messaging apps under the ambit of telecommunications for the safety of users and also curbing the powers of the Telecom Regulatory Authority. While OTT platforms feared that they may also have to seek licenses to operate if they came under this Act, experts felt diluting powers of TRAI is a backward step.
However, news reports said these concerns were ironed out with the stakeholders before it was cleared by the Cabinet.
Interception of messages
Another issue that was flagged in the Telecom Bill had to do with interception of messages. Clause 24(2) of the Bill has empowered the central or state government to intercept "any message or class of messages, to or from any person or class of persons, or relating to any particular subject" in the eventuality of a public emergency or for public safety.
However, the Bill states that messages from mediapersons with accreditation shall not be intercepted unless their transmission is against the national security clause. “The press messages, intended to be published in India, of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under clause (a) of sub-section (2)," the draft Bill states.
Unlawful interception of messages may lead a person to serve a jail term of up to three years, a fine up to ₹2 crore or both.
Draft Telecom Bill
The Centre released the draft telecom bill in September 2022.
After public comments were called, there were several rounds of consultations with various stakeholders and industry players. The Union Cabinet had cleared the Bill in August 2023. But the proposed legislation has stirred up a lot of concern over matters linked to surveillance and threats to online privacy.