The Government Enforces Key Sections of the Telecommunication Act, 2023

Mr. Neeraj Soni
Mr. Neeraj Soni
Researcher - Policy & Advocacy, CyberPeace
PUBLISHED ON
Jul 20, 2024
10

Introduction

The Telecommunications Act of 2023 was passed by Parliament in December, receiving the President's assent and being published in the official Gazette on December 24, 2023. The act is divided into 11 chapters 62 sections and 3 schedules. Sections 1, 2, 10-30, 42-44, 46, 47, 50-58, 61 and 62 already took effect on June 26, 2024. 

On July 04, 2024, the Centre issued a Gazetted Notification and sections 6-8, 48 and 59(b) were notified to be effective from July 05, 2024. The Act aims to amend and consolidate the laws related to telecommunication services, telecommunication networks, and spectrum assignment and it ‘repeals’ certain older colonial-era legislations like the Indian Telegraph Act 1885 and Indian Wireless Telegraph Act 1933. Due to the advancements in technology in the telecom sector, the new law is enacted. 

On 18 July 2024 Thursday, the telecom minister while launching the theme of Indian Mobile Congress (IMC), announced that all rules and provisions of the new Telecom Act would be notified within the next 180 days, hence making the Act operational at full capacity. 

Important definitions under Telecommunications Act, 2023

  1. Authorisation: Section 2(d) entails “authorisation” means a permission, by whatever name called, granted under this Act for— (i) providing telecommunication services; (ii) establishing, operating, maintaining or expanding telecommunication networks; or (iii) possessing radio equipment.
  2. Telecommunication: Section 2(p) entails “Telecommunication” means transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.
  3. Telecommunication Network: Section 2(s) entails “telecommunication network” means a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but does not include such telecommunication equipment as notified by the Central Government.
  4. Telecommunication Service: Section 2(t) entails “telecommunication service” means any service for telecommunication.

Measures for Cyber Security for the Telecommunication Network/Services

Section 22 of the Telecommunication Act, 2023 talks about the protection of telecommunication networks and telecommunication services. The section specifies that the centre may provide rules to ensure the cybersecurity of telecommunication networks and telecommunication services. Such measures may include the collection, analysis and dissemination of traffic data that is generated, transmitted, received or stored in telecommunication networks. ‘Traffic data’ can include any data generated, transmitted, received, or stored in telecommunication networks – such as type, duration, or time of a telecommunication. 

Section 22 further empowers the central government to declare any telecommunication network, or part thereof, as Critical Telecommunication Infrastructure. It may further provide for standards, security practices, upgradation requirements and procedures to be implemented for such Critical Telecommunication Infrastructure. 

CyberPeace Policy Wing Outlook:

The Telecommunication Act, 2023 marks a significant change & growth in the telecom sector by providing a robust regulatory framework, encouraging research and development, promoting infrastructure development, and measures for consumer protection. The Central Government is empowered to authorize individuals for (a) providing telecommunication services, (b) establishing, operating, maintaining, or expanding telecommunication networks, or (c) possessing radio equipment. Section 48 of the act provides no person shall possess or use any equipment that blocks telecommunication unless permitted by the Central Government. 

The Central Government will protect users by implementing different measures, such as the requirement of prior consent of users for receiving particular messages, keeping a 'Do Not Disturb' register to stop unwanted messages, the mechanism to enable users to report any malware or specified messages received, the preparation and maintenance of “Do Not Disturb” register, to ensure that users do not receive specified messages or class of specified messages without prior consent. The authorized entity providing telecommunication services will also be required to create an online platform for users for their grievances pertaining to telecommunication services. 

In certain limited circumstances such as national security measures, disaster management and public safety, the act contains provisions empowering the Government to take temporary possession of telecom services or networks from authorised entity; direct interception or disclosure of messages, with measures to be specified in rulemaking. This entails that the government gains additional controls in case of emergencies to ensure security and public order. However, this has to be balanced with appropriate measures protecting individual privacy rights and avoiding any unintended arbitrary actions. 

Taking into account the cyber security in the telecommunication sector, the government is empowered under the act to introduce standards for cyber security for telecommunication services and telecommunication networks; and encryption and data processing in telecommunication. 

The act also promotes the research and development and pilot projects under Digital Bharat Nidhi. The act also promotes the approach of digital by design by bringing online dispute resolution and other frameworks. Overall the approach of the government is noteworthy as they realise the need for updating the colonial era legislation considering the importance of technological advancements and keeping pace with the digital and technical revolution in the telecommunication sector. 

References:

  1. The Telecommunications Act, 2023 https://acrobat.adobe.com/id/urn:aaid:sc:AP:88cb04ff-2cce-4663-ad41-88aafc81a416
  2. https://pib.gov.in/PressReleasePage.aspx?PRID=2031057
  3. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2027941
  4. https://economictimes.indiatimes.com/industry/telecom/telecom-news/new-telecom-act-will-be-notified-in-180-days-bsnl-4g-rollout-is-monitored-on-a-daily-basis-scindia/articleshow/111851845.cms?from=mdr
  5. https://www.azbpartners.com/wp-content/uploads/2024/06/Update-Staggered-Enforcement-of-Telecommunications-Act-2023.pdf
  6. https://telecom.economictimes.indiatimes.com/blog/analysing-the-impact-of-telecommunications-act-2023-on-digital-india-mission/111828226

PUBLISHED ON
Jul 20, 2024
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