A new telecommunications law has been proposed where the government will have the authority to temporarily have control of any telecommunication network in specific situations like - public emergencies and public safety. This new provision focuses on the regulatory framework to ensure the broader welfare and security of the public with the help of necessary interventions in the telecommunication sector when deemed essential.
Telecommunications Bill 2023
Ashwini Vaishnaw, the Communications Minister of India introduced the new Telecommunications Bill 2023 in the Lok Sabha. The presentation took place amid protests from the Opposition, who insisted that Amit Shah, the Union Home Minister provide a statement for breaching Parliament’s security which took place last week.
The latest draft for Telecommunication
The latest draft law says, "On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government, if satisfied that it is necessary or expedient so to do, by notification- (a) take temporary possession of any telecommunication service or telecommunication network from an authorised entity..."
Provisions outlined in the Bill
As per the provisions which are outlined in the Bill, the interception of messages from accredited media persons shall not occur until the transmission is forbidden under the national security clause.
The draft bill further says: "The press messages, intended to be published in India, of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under clause (a) of sub-section (2).”.
Safety and security of the people
The proposed legislation further stated that for public safety, the government retains the authority and instructs the interception of any communication which is between individuals. Furthermore, it also grants the government the authority and power to temporarily suspend telecommunication networks when necessary, for security and safety.
What else does the bill have to say?
The bill further states about being engaged in the unauthorized interception of messages which could result in a potential imprisonment of up to 3 years, and a fine of up to Rs 2 crore, or at times, it could be both penalties altogether.
About the new telecom law
The proposed legislation has aimed to substitute the Indian Wireless Telegraphy Act of 1933, the Indian Telegraph Act of 1885 and the Telegraph Wires (Unlawful Possession) Act of 1950.
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