The Telecommunications Act 2023 which was passed last year during the Monsoon Parliament Session will come into effect starting today. The telecom law will repeal the three colonial-era archaic laws- the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.
As per the Gazette notification, certain provisions of the telecom law, including sections 1, 2, 10, and 30 will come effective from June 26. Among the significant changes that the new telecom law will bring, the act will allow the central government to take control of the telecommunication services in times of emergency on grounds of security, public order, or the prevention of offenses.
Pertinently, the Telecom Act was passed by both Houses during the Winter Session in December last year, and it also received presidential assent the same month. Though some MPs, privacy, and technology activists have expressed concerns regarding the bill, several Industry bodies have welcomed the bill. It is essential to note that sections related to the auction and allocation of spectrum, adjudication of certain contraventions, and amendments to the Telecom Regulatory Authority of India Act, 1997, will not come into force on Wednesday.
Section 21 of the law, which empowers the Central government to order the suspension, removal, or prohibition of certain telecom equipment or services from notified nations or persons for security reasons, will also come into effect on Wednesday. Similarly, section 28, which protects users from spam and allows them to report malware, will also come into effect.
Section 29 of the law which will also come into effect forbids users from furnishing false particulars while availing a telecom service. The Digital Personal Data Protection Act, of 2023 also imposed similar duties, forbading impersonation and suppression of information while getting any document issued by the state.
However, since the definition of the law is wide, it is unclear if this means that users cannot create anonymous or dummy accounts on online services such as Gmail, Instagram, WhatsApp, etc., or what happens to anonymity at large on the internet.
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