Proposed Telecommunications Bill 2023: Centre's authority in public emergencies

The Telecommunications Bill 2023, introduced in Lok Sabha by Communications Minister Ashwini Vaishnaw, outlines provisions allowing the Centre to temporarily take possession of any telecommunication network for public safety or during a public emergency.

Key Provisions of the Draft Law

The draft law empowers the Central Government or a State Government, or an authorised officer appointed by them, to take temporary possession of any telecommunication service or network from an authorised entity. This authority is granted in the event of a public emergency or for disaster management, as deemed necessary or expedient.

Safeguards for Media Accreditation

The Bill includes provisions safeguarding messages from accredited mediapersons, stating that interception shall not occur unless their transmission is prohibited under the national security clause. Specifically, press messages intended for publication in India from correspondents accredited to the Central Government or a State Government are protected from interception or detention, except when prohibited under specified circumstances.

Government Authority to Direct Interception

In the interest of public safety, the government holds the authority to direct the interception of messages between individuals. Additionally, the draft law grants the power to suspend telecommunication networks in specific situations deemed crucial for public safety.

Legal Consequences for Unlawful Interception

The Bill emphasises the severity of unlawful interception, prescribing a potential jail term of up to three years and a fine of up to ₹2 crore or both for offenders. This stern approach is designed to deter unauthorised interception activities.

Replacement of Existing Acts

The proposed law aims to replace the Indian Telegraph Act 1885, Indian Wireless Telegraphy Act 1933, and Telegraph Wires (Unlawful Possession) Act, 1950. By consolidating these acts into a comprehensive framework, the Telecommunications Bill 2023 seeks to modernise and streamline the legal framework governing telecommunications in India.

Introduction Amidst Parliamentary Proceedings

Introduced amidst protests by the Opposition, who sought Union Home Minister Amit Shah's statement on the recent breach in Parliament security, the draft law addresses critical aspects of telecommunication governance. Its provisions highlight the balance between government authority in emergencies and the protection of media rights, ensuring a nuanced approach to national security concerns. The proposed law will undergo further scrutiny and discussion in the legislative process.