New Delhi: Starting today, June 26, certain provisions of the Telecommunications Act, 2023 have come into effect. Even with the partial implementation, the Union and state governments will get the power to intercept messages, and take temporary possession of telecom networks in the interest of public safety or during emergencies.
“Rules under certain Sections of the Telecommunications Act 2023 will become effective from June 26,” a recent government notification said.
The new law supersedes the existing and archaic regulatory framework for the telecommunication sector, based on the Indian Telegraph Act, 1885; the Wireless Telegraphy Act (1933); and the Telegraph Wires (Unlawful Possession) Act (1950).
“The Telecommunications Act, 2023 (44 of 2023), the Central Government hereby appoints the 26th Day of June 2024, as the date on which the provisions of Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act shall come into force,” the government notification added.
With the new rules coming into effect, the universal service obligation fund will become Digital Bharat Nidhi, which can be used for funding research and development, and pilot projects instead of just supporting the establishment of telecom services in rural areas.
Section 20 (2) of the Act, which comes into effect with the implementation of new rules, the government can stop the transmission of any message in the interest of public safety and during a public emergency. This provision expands the number of government entities that may be able to intercept messages.
Writing for The Wire in December last year, Tejasi Panjiar and Prateek Waghre of the Internet Freedom Foundation said, “The Telecom Bill, 2022 (now an Act) attempted to include online communication services (Signal, Zoom, Skype, Gmail) under the licensing regime historically applicable to broadcasting services.
The expansion of surveillance and suspension powers from traditional broadcasting services to online communication services will cause irreparable damage to user rights and democratic freedoms. Definitional ambiguity in the Telecom Bill, 2023 (now an Act) leaves us worried and confused about its application to internet services. In any scenario, the Bill (now an Act) will have implications for our fundamental right to privacy as well as our constitutional freedoms such as freedom of expression and right to receive information.”
