Telecom Act will hold good for ‘many, many years’: IT Minister Vaishnaw

Syllabus: GS-II

Subject: Polity

Topic: Bills/Acts/Rules

Issue: Telecommunications Act,2023

Telecommunications Act, 2023:

Highlights:

  1. Replaces: The Indian Telegraph Act, 1885, and The Indian Wireless Telegraphy Act, 1933.
  2. Authorisation: From central Government to establish, operate, or provide telecommunications networks and services.

(From license-permit regime to calculated authorization)

  1. Spectrum Allocation: Through auction, except for specified entities and purposes like defence.
  2. The Universal Service Obligation Fund was created to improve connectivity in remote areas, modified into “Digital Bharat Nidhi“.
  3. Right of way: Provides a mechanism to exercise the right of way for laying telecom infrastructure in public as well as private property.

Issues/Concerns:

  1. Surveillance: Allows for interception, disclosure, and suspension of telecommunication/services in case of a public emergency or interest or safety.
  2. Privacy of users: Biometric authentication of their users as a measure to curb fraud.
  3. Phone tapping in the name of national security/interest.

Case law(for Mains):

People’s Union for Civil Liberties v. Union of India(1996) case●       The Supreme Court declared that phone tapping is a violation of freedom of speech and expression under Article 19(1)(a). However this is restricted by Article 19(2).
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