Telecom bill timely, but rethink needed on privacy breaches
The introduction of the Telecommunication Bill in the Lok Sabha has not come a day too soon. It is the first rewrite of our archaic telecom laws in 138 years—they have till now been mainly defined by the British-era Indian Telegraph Act of 1885. It is troubling that it has taken so long to bring the rulebook up to date in the rapidly changing sector. On the other hand, the complexity and high-stake controversies have made the task none too easy. A welcome change from earlier drafts is the dropping of over-the-top or OTT communication services such as WhatsApp and Zoom from the definition of telecom services; the government has rightly indicated that for now they will be regulated directly by the electronics and IT ministry till it is ready to roll with the Digital India Act.
The new bill’s attempt to simplify processes for telecom networks by moving from a cumbersome licensing regime to an authorization system is welcome; as is the adoption of an administrative allocation of satellite spectrum in preference to the auction method that benefits only those with deep pockets. It has been proved that spectrum auction drives up the cost of telecom services. By prescribing a fine of up to `2 crore and a jail term of up to 3 years, the government has also indicated it is serious about stopping illegal phone taps and unauthorised hacking. The new provisions mandate biometric identification before issuing SIM cards; this should help trace some of the perpetrators of online fraud.
While the bill gives high priority to curtailing illegal phone taps, it unfortunately does not protect individual privacy if the ‘phone tapper’ happens to be the State. For a spectrum of ill-defined reasons such as ‘state security’ and maintaining ‘public order’, communication between persons may be intercepted, monitored or blocked. Wire-tapping by enforcement agencies was a hot potato under the old Telegraph Act; instead of providing strong checks, the new bill has legitimised the transgression. The bill also allows unbridled power to the State to take over telecom services in the case of public emergencies or in the interest of public safety. This is a risk for businesses operating in this space. However, with the current winter session of parliament almost over and elections looming, there will hopefully be scope for debate and course correction of some of the more worrisome provisions.