On December 21, the Telecommunication Bill 2023 was passed by the Rajya Sabha. During the discussion on the telecom bill, Member of Parliament (MP) Dhananjay Mahadik pointed out over-the-top (OTT) services had been kept outside the scope of the bill. As such, he suggested the Ministry of Communications should create a regulation for OTT services. “A separate act for OTT services is necessary because we don’t have any control over these platforms and their contents,” he said adding that certain visuals shown in OTT content could lead to an increase in crime rates.
The telecom bill, first released and put for consultation in 2022, repeals the Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, and The Telegraph Wires (Unlawful Possession) Act,1950. Unlike its 2022 draft, this version of the bill does not explicitly mention the terms over-the-top (OTT) communication services and emails.
Highlights of the Rajya Sabha Discussion:
How would interception be carried out?
During the discussion, multiple ministers expressed that the standards for interception of telecommunication services under the bill must be strict. Speaking about interception, MP Kanakamedala Ravindra Kumar said that the provision for interception would be “a serious breach of privacy of individuals, the right to privacy has been upheld by the apex court in the Puttuswamy case.” He expressed concern over the use of interception by state governments and suggested that control over interception should be maintained by the centre. On a similar note, MP Sasmit Patra asked about the division of power of interception and searches between the centre and the states. This division of power was not addressed by the Minister of Communication Ashiwini Vaishnaw.
Speaking about the critique of interception measures, MP Sushil Kumar Modi said that the Telegraph Act, which is currently in effect, also has provisions for interception. “It’s the same provision, no new provision has been inserted,” he said adding that the same lawful interception which was under the constitutional limits and the scope of the Supreme Court judgment has been placed in the telecom bill. The same was also reiterated by Vaishnaw.
On the effectiveness of a telecom sandbox
The telecom bill allows the central government to create one or more regulatory sandboxes for encouraging and facilitating innovation and technological development in telecommunication. MPs had varying perspectives on the effectiveness of regulatory sandboxes. “We have sandboxes in SEBI [Securities and Exchange Board of India], we have sandboxes in RBI as well, but many of these sandboxes are not functioning,” MP Amar Patnaik said. He suggested that while sandboxing is a good approach, it should be made “really operational” and, if required, some allocation of funds should be made for the sandbox’s operations. On the other hand, MP Patra believed that the telecom sandbox would “mirror the success” of the RBI sandbox in the payments sector.
Responding to Patnaik’s concern about the regulatory sandbox, Vaishnaw said that around 500 telecom experiments are currently underway where an experimental license has been used to create a regulatory sandbox. “This is a very effective system and is working well. Once this bill is converted to an act, the regulatory sandbox would get a legal backing,” he said.
How long can the internet be shut down?
The bill provides the central government the power to suspend telecommunication services on grounds of national security. Speaking about this provision, MP Kumar pointed out that in recent times internet has been shut down in places where there is agitation. “How long the internet services are shut down in such an area has to be considered,” he said.
Also read:
- Telecom Bill Passed In Lok Sabha: Minister Side Steps Question On OTT
- Unpacking The Key Highlights Of The Telecommunication Bill, 2023 Tabled In Lok Sabha
- Views: Is The Telecom Bill Truly As Progressive As Internet Body IAMAI Thinks?
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