Introduction
In the digital contemporary era, Technology and telecommunication plays a pivotal role in shaping communication and work space. on December 18th 2023 the Lok Sabha passed the telecommunication Bill 2023 (Telecom Bill 2023) after several consultation process by the DOT- Department of Telecommunication and updated the 1885 colonial law but continued to retain the draconian method of surveillance and internet suspension powers all laid down in the hands of the central government. But it is also a comprehensive piece of legislation which aims at having efficient telecommunication infrastructure.
Key objectives:
The telecom bill 2023 focuses on meeting the requirements of the evolving needs of consumers, businesses and to meet the demands of intergovernmental function.
5G Implementation
5G Implementation: The Telecom Bill’s dedication to 5G implementation shows that next-generation networks have the potential to be revolutionary. The law provides a thorough implementation schedule for 5G technology and highlights the necessity of cooperation between governmental organizations, telecom firms, and technology suppliers. This program intends to put the country at the forefront of technical innovation in addition to improving internet speeds and lowering latency. The bill predicts a boom in connection that will allow for the seamless integration of emerging technologies such as augmented reality, autonomous vehicles, and the Internet of Things (IoT) by integrating 5G into the telecom’s infrastructure.
Consumer Protection
Protecting consumer interests in an increasingly digital world is emphasized heavily in the measure. It presents steps to guarantee open billing procedures, safeguard user privacy, and create effective dispute resolution procedures. The Act aims to improve consumer trust in the telecommunications sector by providing clear criteria for service providers and encouraging open communication with customers. Customers are empowered as a result, and service providers are encouraged to provide superior services and put the needs of their clients first in a competitive market.
Infrastructure Development
Acknowledging the importance of reliable and easily available telecommunications, the Telecom Bill provides incentives for broadband infrastructure expenditures. Through an emphasis on neglected and rural communities, the Act seeks to close the digital divide and promote inclusivity and economic development. The bill provides telecommunications providers with regulatory backing and financial incentives to extend their networks into places that have not had reliable access in the past. This calculated move supports the overarching objective of making sure that the advantages of technology progress are shared fairly among all people.
Cyber Security Measure
The Telecom Bill places a high priority on the implementation of thorough cybersecurity measures in light of the constantly changing cyber threat landscape. Recognizing how vital communications infrastructure is to the operation of a contemporary society, the law requires cooperation between governmental organizations, service providers, and cybersecurity professionals. With cooperation, we hope to strengthen the ecosystem of telecommunications against various cyberthreats, ranging from sophisticated state-sponsored incursions to ransomware assaults. The purpose of the bill is to guarantee the security and resilience of the country’s vital telecommunications infrastructure by instituting proactive cybersecurity policies.
Spectrum Management
The Telecom Bill introduces mechanisms to effectively allocate and manage spectrum resources in order to address the finite nature of the electromagnetic spectrum. In order to meet the growing demand for wireless connection, a spectrum management framework that reduces interference and maximizes network performance must be developed. The bill recognizes that good spectrum management is vital to the success of telecommunications services and ensures that the nation’s finite spectrum resources are handled in a manner that maximizes efficiency and avoids possible conflicts.
Promoting Innovation
The measure contains provisions that assist R&D efforts, promote healthy competition, and expedite regulatory procedures in order to promote an innovative culture within the telecom sector. The Act seeks to bring in investment, encourage the development of cutting-edge technology, and propel economic growth by fostering an atmosphere that is supportive to innovation. The Telecom Bill acknowledges that maintaining a leading position in the world of technical breakthroughs requires a dynamic and competitive telecommunications sector.
Threat to user privacy and rights:
The Telecom Bill, 2023 deteriorates user rights in several other ways, many of which directly infringe on the user’s fundamental right to privacy. Clause 3(7) is one such privacy invading provision which imposes an obligation on any authorised entity, as notified by the Union govt, to identify the person to whom it provides telecom services, through use of any verifiable biometric based identification “as may be prescribed”. The Telegraph Act, 1885 also contained a similar provision for licensed entities, but with safeguards and specificity. Section 4(3)(a) listed the various modes of authentication that may be used by the licensee, including offline authentication, and also explicitly mentioned alternatives authentication modes to Aadhaar such as passport. The “biometric” based identification mode did not even feature in the Telecom Bill, 2022. This inclusion of “verifiable biometric based identification” raises fears that it may provide a legislative basis for the mandatory linking of Aadhaar to mobile phones which was ruled as unconstitutional by the Supreme Court of India. Thus, this provision is bereft of safeguards on many levels, but is most prominently inadequate for pushing technology solutions for a country which is still largely not digital literate. In the absence of informed understanding of how such biometric data will be used, stored, processed, and shared among majority of the public, and in the presence of a non-robust data protection act which provides wise ranging exemptions to the government, such technology should not be adopted for a routine procedure, especially in the absence of offline alternative.
Another potentially privacy infringing provision is Clause 29 of the Telecom Bill, 2023 which imposes a duty on users to not furnish any false information while establishing their identity for availing ‘telecommunication services’. If applicable to internet services, the ambiguous phrasing of Clause 3(7) and 29 will have damaging consequences for a user’s ability to stay anonymous while communicating. This can have a deleterious impact on vulnerable individuals such as whistleblowers and journalists, who wish to keep their identity anonymous. Services such as Twitter and Instagram, which currently provide users with the option to communicate anonymously, will possibly have to take back this facility if they wish to operate in India. The application of this clause in the context of traditional telecommunication services can be viewed from the perspective of rising cybercrime in the country. Notably, the associated penalty for failing to comply with these provisions are, i.e. up to INR 25,000 for the first offence and for the second or subsequent offences, up to INR 50,000 for every day till the contravention continues. The imposition of such hefty fines must be avoided for such clauses given the low digital literacy rates in the country as well as to avoid the misuse of the associated penalty by authorities, to coerce users into mandatorily using Aadhaar.[1]
Conclusion
Regardless of its drawback’s the telecom bill 2023 is a visionary bill designed to address the advancement and challenges currently faced in the telecom sector. Through enabling and implementing of the 5G spectrum in various fields like cybersecurity and infrastructure, the bill aims at creating a resilient future telecommunication ecosystem. As the digital era continues to grow this bill will stand ass a corn stone, directing the nation towards a connected future.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Namitha Ramesh
[1] https://thewire.in/government/telecom-bill-2023-is-a-repackaged-version-of-the-archaic-colonial-law
