Telecom Bill 2023 tabled in Lok Sabha, Oppn claims data encryption policy could trigger leaks
Synopsis
The bill empowers the government to suspend or prohibit use of telecom equipment from countries or a person as may be notified in case of national security. Telecom equipment needs to be procured from trusted sources only. To protect telecom consumers, the bill proposes that prior consent should be taken for receiving certain messages such as promotional, advertising, etc.
OTT players such as WhatsApp, Signal and Telegram to remain outside purview of telecom. Spectrum Allocation 19 services/entities listed under “first schedule”, where spectrum can be given administratively. These include: a) National security, defence, disaster management, public broadcasting, etc.
Prior consent of user needed for specified class of messages.
Mechanism needed for reporting malware, etc, by users.
Those violating rules will face imprisonment and fine.
Dispute Resolution
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One or more online dispute resolution mechanisms may be set up.
Dealing with Offences Bill has provisions for penalty and punishment for acts such as establishing telecom infra without authorisation, intercepting messages unlawfully or unauthorised access to telecom network.
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Public Safety, National Security, Protection of Telecom Networks
Govt can stop transmission of messages in case of public emergency.
Govt can take temporary possession of telecom network in case of emergency.
Telecom equipment to be procured from trusted sources only.
Govt can suspend, remove or prohibit use of specified telecom equipment from countries or a person as may be notifie.
Administrative Changes
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Power to waive fee, interest, additional charges, penalty or grant exceptions removed.
This could have negative implications on companies such as Vodafone Idea.
Specific conditions around insolvency and bankruptcy have been removed.
A telecom service provider can’t continue offering services during insolvency proceedings.
Bill replaces the word ‘licence’ with ‘authorisation’, thus easing regulatory landscape.
Internet shutdowns can be authorised only by the Centre.