#201: Telecommunications Bill 2023

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Telecommunications Bill 2023 #UPSC

Indian Internet is set to change forever!😮

This post will teach you:

• Provisions
• Issues & concerns
• Industry reaction on bill
• Conclusion & Way forward

..and most importantly, it will help you Mains Answer writing & Prelims pointers!

First, the basics!

The bill replaces three old age laws:

a) Telegraph Act 1885
b) Indian Wireless Telegraph Act 1933
c) Telegraph Wires 1950

Okay, but what's the need?🤔

a) India needs newer laws with changing time & tech

National security, Kashmir, Pegasus, VPN and App bans call for a fresh look at digital laws!

b) It also is in sync with 2nd of PM's Panch Pran

"Remove any trace of colonial mindset"

c) Lastly, be mindful of Digital Public Infra push

I want you to think of this law in sync with likes of PM-WANI, Bharatnet, 6G Alliance, etc.

Second, dig deeper into the provisions

1. Emergency measures

Laid down for the govt. to take in interest of safety & security

This ranges from interception to encryption,

internet suspension to possession! 🙃

2. Allocation & Auction

Depending on the 'type' of demand,

spectrum allocation is a product of both auction & allocation

Allocation is for First Schedule companies indulged in:

• Security & Defense
• Disaster Management
• Law enforcement & science research
• Global Mobile Personal Communication w/ Satellites

Note: SpaceX (Elon Musk) and OneWeb pushed for allocation (over auction)

3. Other imp. pointers

• Stricter DND norms for consumers
• Comprehensive rules for cybersecurity
• Regulation of OTT apps with stricter provisions
• Appeals with a dedicated tribunal set up u/ the act

All of this sounds good! 🧐

What're issues and concerns here, CSEWhy?

The devil, as the activists claim, lies in the details

Third, the stated issues

• All users to be identified via "biometric based identification"

• Strict provisions on furnishing false particulars

This, as per activists, threatens the safety of whistle blowers & journalists operating u/ anonymity

• Broad undefined ambit of emergency powers to the central government

This is what activists said, okay!

Fourth, What is industry saying?🤔

1. Digital Infrastructure Providers Association (DIPA)

a) Relief from exorbitant tax burden

How? Telecom network is not part of property for taxes!

b) Uniform rules

Uniformity of rules across states in terms of 'right of way'

This addresses long pending demands of the industry to deploy infra on private property!

2. Indian Space Association

ISA is mindful of the growth opportunity with key focus on:

• Innovation
• Opportunities
• Global prospects

Fifth, Way Forward

Laws in India are an ever evolving process

We all know what happened to 66A in Shreya Singhal Case!

Conclusively,

• Revisit every 18-24 months to incorporate AI driven changes

• Necessitate Parliamentary Approval in national emergency

• Ensure transparency in the privacy concerns

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