The Telecommunications Bill, 2023, recently introduced in the Lok Sabha by Union minister Ashwini Vaishnaw, aims to revamp and consolidate laws related to the development and operation of telecommunication services, spectrum assignment, and associated matters. This new legislation replaces outdated laws such as the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.
The bill emphasizes the critical role of the telecommunication sector in driving economic and social development, serving as a gateway to digital services. Recognizing the evolving nature of telecommunications and technology, the legislation seeks to establish a contemporary legal and regulatory framework to ensure the safety and security of telecommunication networks, fostering digitally inclusive growth.
One noteworthy provision in the bill pertains to national security. In situations of public emergencies or disasters, the government is granted the authority to temporarily take control of telecommunication services. This includes the power to intercept messages to safeguard national security interests.
The central or state government, or specially authorized officers, can, by notification, take temporary possession of telecommunication services or networks and establish mechanisms to prioritize messages for response and recovery during emergencies.
Furthermore, the bill enables the government to issue directives during public emergencies or for public safety reasons. In the interest of sovereignty, defense, security, public order, or diplomatic relations, messages transmitted or received by telecommunication services can be intercepted, detained, or disclosed in intelligible format as specified in official orders. Notably, press messages intended for publication in India by accredited correspondents are protected from interception or detention unless explicitly prohibited under relevant rules.
The bill also grants the government the authority to instruct telecommunication services to transmit specific messages deemed necessary in the public interest. This provision allows for flexibility in managing communication during critical situations, aligning with broader objectives of national security and public safety.
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