Contents
Source– The post is based on the article “Letting go of a chance to democratise telecom services” published in The Hindu on 1st October 2022.
Syllabus: GS2- Indian Polity
Relevance– Regulation of telecommunication services in India
News-There is a need to resolve the issues with the new Telecommunication Bill, 2022.
What are the issues with the new bill?
Repackaging–
It is repackaging of Telegraph Act, 1885 in the guise of legislative advancements.
It will lead to centralisation of power through a new licensing regime.
Inclusion of OTT platforms–
It includes online communication service providers within the ambit of telecommunication service. This move is to provide a level playing field to OTT platforms with telcos.
The argument about the same services, and same rules for both OTT platforms and telcos is a flawed one. Telecom operators act as gatekeepers to the underlying broadband infrastructure. OTT.
services can only be accessed through telco-controlled infrastructure.
Services provided by OTT platforms are diverse like social networking and video calling. They act as aggregators of these services.
The central government by exercising its powers to issue a license may put a requirement on such online service providers to store data locally in India
The requirement of interception under the act is not conducive for end-to-end encryption provided by OTT platforms. This will harm the privacy enjoyed by users of these platforms.
These rules are in stark contrast with the recommendations by the Supreme Court in its right to privacy decision in 2017 and the Justice B.N. Srikrishna Committee Report on data protection.
Suspension of internet services–
Clause 24(2)(b) of the Telecom Bill provides specific power for suspension of Internet services. The clause does not solve any of the issues that exist with the current framework for Internet shutdowns in India, specifically the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.
Frequent internet shutdown has a chilling effect on fundamental rights enjoyed by citizens. There are high economic costs associated with it.
Missed opportunity–
The bill is missing an opportunity to set global standards by not introducing principles of net neutrality in the Telecom Bill.
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