Dr. Pradeep Mahapatra
The Department of Telecommunications, Government of India has initiated efforts to replace the 137-year-old Indian Telegraph Act 1885 with appropriate legislation suitable for a modern and future-ready legal framework.
A draft telecom bill was released for consultation on September 22, 2022. The bill also seeks to replace the Indian Wireless Telegraphy Act 1933 and the Telegraphy Wires (Unlawful Possession) Act 1950. The authorities had set a deadline of October 20, 2022, for comments from stakeholders.
Indian telecommunication landscape confronted widespread changes since the beginning of the twenty-first century. The enormous growth in the consumer base after the introduction of 4G telecom services in 2016 and widespread use during the coronavirus-induced pandemic compelled for the enactment of a new telecommunication law to confront the changing environment. The Ministry of Communication published a consultation paper ‘Need for a new legal framework governing telecommunication in India’ in July 2022 seeking comments from the public. It is being told that basing on consultations and deliberation the draft Indian Telecommunication Bill 2022 was prepared.
After consultation with various stakeholders, industry associations, and internet rights activists the final draft plan to be created to put forth through committee processes of Parliament. “I see a timeline of 6 – 10 months, but we are not in a hurry”, Communication Minister Ashwini Vaishnaw told. Media outlets had a little discussion reviewing the developments relating to draft bill during the last week of September 2022.
Popular agreement was met on three aspects of the draft bill relating to Know-Your-Customer, the provision to display of the name of the caller across telecom networks and right to appeal before the appellate authority. But the provision of treating Internet calling facilities like WhatsApp, Google and Zoom platforms along with the other over-the-top applications operating in India as telecommunication services attracted criticism.
First, a move to compel all telecom service providers to ensure Know-Your-Customer details will enable everybody to learn true identity of each caller. In case of frauds using telecom services locating the culprits can help to take appropriate action against them. Strict measures are to be taken to gather true identity of the customers. The draft bill includes a provision that lying about one’s identity can attract one-year imprisonment and Rs 50,000 fine. The telecom operators may get one year time period to update the KYC details of customers for which clear guidelines were awaited.
Second, the draft bill envisages measures for the display of the caller’s name on receiver devices instead of only the phone numbers. Such facilities are available to users of applications like ‘Truecaller’ which is to be made available to all. It will strengthen the protection of the user’s interest. When the receiver can know who is calling him or her, he or she will have the option to receive or reject the call.
Third, the provision of introducing the concept of the right to appeal is a welcome move. The central government should set up alternative dispute-resolution mechanisms for telecom service providers and customers. Since the number of litigations are piling up in the general judiciary; arbitration, mediation or another process of dispute resolution will yield better results.
Use of technological innovations in telecommunication expanded in India during the first two decades of the twenty-first century. It resulted in adoption of new trends in communication which at times opposed the prevailing practices. For example, the introduction of application-based free voice and video calls utilizing internet route went against voice call business models of traditional telecom players. They were demanding a level playing field with over-the-top applications for services of voice calls and messages etc.
The draft telecom bill 2022 seeks the requirement of license for internet calling facilities including WhatsApp, Google Duo, Zoom and the other OTT apps for operating in India and bring into the ambit of proposed legislation, “OTT already comes under regulation by interpretation of what is a telegraph”, the Communication Minister told to the media on September 23, 2022.
However, the Internet Freedom Foundation remarked, “The ‘same service, same rules’ argument used by traditional service providers are untended as there are inherent structural difference between telecom and OTT communication service providers. Moreover, while telecom operators control the underlying broadband access infrastructure, and are the gatekeepers to broadband internet access, OTT services do not have these controls. Thus, a move to introduce such overburdening regulations on the latter based on a narrative of ‘same service, same rules’ may cause anxiety not just to them, but also OTT service users.”
Government efforts to reform the legal framework in telecommunications is praiseworthy. In fact, we are lagging behind in comparison to developed societies in the enactment of measures for control of emerging telecommunication trends. However, due care should be taken to respect technological innovations and protect the freedom of consumers. It is being told that India ranks fourth largest on account of spam calls. Scammers operating out of Gurugram, Kolkata and Mumbai target not only people inside the country but outside the country too. The draft telecom bill 2022 appears to be a fruitful exercise to protect the interest of the citizens. But allowing more power to the government to control the system is also a cause of concern.
(English translation of the original Odia newsletter by the author circulated on September 30, 2022. https://tinyletter.com/pradeepmahapatra/letters/message-269. It is an open-access content, free for translation and reproduction)
Dr. Pradeep Mahapatra is a retired faculty of Journalism, Berhampur University, Odisha.https://about.me/pradeepmahapatra
References:
Draft Bill and Explanatory Note
Press Information Bureau. Press Release Dt. 22/09/2022
What is the draft telecommunication bill ?
New telecom draft bill to bring OTT platforms under licensing regime
The draft Indian Telecommunication Bill 2022 retains its colonial roots
Image Courtesy: https://dot.gov.in/relatedlinks/indian-telecommunication-bill-2022
