The Indian Parliament passed the Telecommunications Bill, 2023 to modernize and reform the country’s century-old telecom framework. Consequently, the Bill replaces the following. The Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.

Telecommunications Bill

To begin with, the Bill clearly defines telecommunication as the transmission, emission, or reception of messages through wire, radio, optical, or other electromagnetic systems. This definition applies regardless of whether the messages undergo rearrangement, computation, or other processing during transmission.

Moreover, the Bill empowers the Central Government to notify any telecom network as a critical telecommunication network if disruption of that network can seriously affect national security, the economy, public health, or public safety.

In addition, the legislation authorizes government agencies to intercept or block messages related to any specific subject during a public emergency or in the interest of public safety. It also enables authorities to identify the first originator of information and allows the Central Government to prescribe standards for encryption and data processing in telecommunication services.

Further, instead of a traditional licensing regime, the Bill introduces a permission-based system. Under this system, the government grants permission to provide telecom services and to establish, operate, maintain, or expand telecom networks. At the same time, the Bill opens the door for administrative allocation of spectrum for satellite-based broadband services.

Additionally, the Bill requires authorized entities such as WhatsApp to conduct biometric-based identification of users. It includes verification through fingerprints or iris scans.

However, the Bill significantly strengthens government powers. It legitimizing extensive authority to intercept or block communications, raising concerns about unchecked surveillance.

At the consumer level, senders must obtain prior consent from users before sending specified messages. Especially those that advertise or promote goods, services, property, business opportunities, employment, or investment offers.

Finally, the Bill introduces strict penalties for misuse of telecom resources. Anyone obtaining a SIM card or telecom resource through fraud, impersonation, or cheating may face imprisonment of up to three years along with a fine of up to ₹50 lakh. The Bill also includes provisions to address crimes such as spoofing and cloning of SIM cards.