Tread with caution on telecom law

The telecom industry has moved far ahead of the laws on the basis of which it functioned, and it is a surprise that the government did not think of updating those laws till now. The Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933 and the Telegraph Wires (Unlawful Possession) Act of 1933 are the laws that govern the sector, though they have been amended many times. The telecom industry is among the most modern of industries and plays a crucial role in the country’s development. It has a subscriber base of over 117 crore and contributes about 8% of the country’s GDP. A modern consolidated law is needed to replace the outdated laws, and the India Telecommunications Bill of 2022 proposes to do that. The draft has been released for comments and suggestions from the public.

The Bill broadens the definition of telecom services by including OTT (Over the Top), Internet-based and satellite-based communication services within their purview. This will mean that social media apps such as WhatsApp, Signal and Telegram, which provide calling and messaging services, may require licences to operate. It is a restrictive measure and may have arisen from the government’s penchant to restrict and control free speech. It is also believed that the government has brought in this provision as a result of pressure exerted by telecom companies. The Bill provides for stoppage of transmission, interception or disclosure of messages in certain situations like ‘a public emergency or in the interests of public safety, sovereignty, integrity or security of India, public order, or to prevent incitement to an offence." An exception has been provided for "press messages that are intended to be published in India". The provision will lead to invasion of privacy and control of the media by the government. The law can be interpreted or manipulated to facilitate this. It will also be difficult to license services like WhatsApp. OTT service providers will have to share their revenue with the government after they get licensed.

The Bill seeks to dilute the powers of the Telecom Regulatory Authority of India (TRAI) and vest more powers with the government. There is the continued need for an independent regulator with adequate powers and the case is for increasing those powers. The Bill gives the government powers to waive fees, charges and penalties to promote consumers’ interest and competition. The powers can also be misused by the government. Since the draft Bill has raised many such concerns, it calls for wide and critical examination and consultation. It will need corrections and safeguards in areas where it hurts the citizen’s rights.