Telecom Bill

TABLED in the Lok Sabha, the Telecommunications Bill, 2023, aims to rewrite the 138-year-old Telegraph Act that governs the telecom sector. Much of the debate over it is centred around how the draft legislation measures up in striking a balance between security imperatives and individual privacy. Besides paving the way for allocation of satellite spectrum, the Bill proposes biometric authentication of new customers and regulation of encryption standards for Internet communication. This could effectively mean interception of messages. It also empowers the Centre to suspend or take control of any telecom service or network in case of a public emergency or over matters of national security. Suspending Internet services is now a routine affair, but taking control of a network, even if temporarily, fundamentally changes the dynamics. The greater government controls implicit in the Bill warrant clearly defined regulatory checks.

The draft Bill empowers the Centre to suspend or prohibit the use of telecom equipment from specific countries on the grounds of national security. China, it is apparent, would be the reference point, but a meaningful impact can be made only by nurturing an indigenous ecosystem for cutting-edge technology. Exempting companies from having to bid for it, the draft Bill proposes a licensing approach to assigning spectrum for satellite Internet services. Foreign firms have been demanding such a mechanism, claiming it could expedite the deployment of satellite services more efficiently. It is incumbent upon the government to spell out why it considers the non-auction route to be the way forward. Concerns have been raised that some provisions could result in dilution of the powers of the Telecom Regulatory Authority of India. This could prove to be counterproductive.

Resorting to surveillance and shutdowns as the standard operating procedure is prone to misuse and overreach. The intricacies of the draft Bill merit close scrutiny.