The Ministry of Communication and IT has issued the the Telecommunications Bill, 2023 Bill to replace the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933. The bill provides the following key legal changes:
Protection of users: The central government may provide for measures to protect users which include: (i) prior consent to receive specified messages such as advertising messages, (ii) creation of Do Not Disturb registers, and (iii) a mechanism to allow users to report malware or specified messages. Entities providing telecom services must establish an online mechanism for registration and redressal of grievances.
Digital Bharat Nidhi: The Universal Service Obligation Fund has been established under the Indian Telegraph Act, 1885 to provide for telecom services in underserved areas. The Bill retains this provision, renames the fund as Digital Bharat Nidhi, and also allows its use for research and development in telecom.
Authorisation for telecom-related activities: Prior authorisation from the central government will be required to: (i) provide telecommunication services, (ii) establish, operate, maintain, or expand telecommunications networks, or (iii) possess radio equipment. Existing licences will continue to be valid for the period of their grant, or for five years, where the period is not specified.
Powers of interception and search: Messages or a class of messages between two or more persons may be intercepted, monitored, or blocked on certain grounds. Such actions must be necessary or expedient in the interest of public safety or public emergency, and must be in the interest of specified grounds which include: (i) security of the state, (ii) prevention of incitement of offences, or (iii) public order. These actions will be subject to procedure, safeguards, and duration as may be prescribed. Telecom services may be suspended on similar grounds. The government may take temporary possession of any telecom infrastructure, network, or services on occurrence of any public emergency or public safety. An officer authorised by the government may search premises or vehicles for possession of unauthorised telecom network or equipment.
Right of way: Entities laying telecommunication infrastructure may seek right of way over public or private property. Right of way must be provided on a non-discriminatory and non-exclusive basis to the extent possible.
