Telecommunications Bill 2023 Controversial-Telecom law upgrades for a digital authoritarian state

Source: The post Telecommunications Bill 2023 Controversial has been created on the article “Telecom law upgrades for a digital authoritarian state” published in “The Hindu” on 23rd December 2023.

UPSC Syllabus Topic: GS paper2- governance- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

News: The article critiques the Telecommunications Bill, 2023 in India for perpetuating colonial laws and increasing government control under the guise of cultural nationalism. It also highlights the bill’s failure to address the digital divide or introduce meaningful innovation.

What are the key provisions of the Telecommunications Bill 2023?

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Why is the Telecommunications Bill 2023 Controversial?

Cultural Nativism: The renaming of the Universal Services Obligation Fund to “Digital Bharat Nidhi” exemplifies the Bill’s emphasis on national identity. However, this change does little to address the actual digital divide, as telecom user growth has stagnated and smartphone sales have declined for two consecutive years, according to reports by the Telecom Regulatory Authority of India and the International Data Corporation.

Authoritarian Tendencies: The Bill’s vague definitions, such as rebranding “licensing” as “authorisation,” potentially extend government control over OTT platforms like WhatsApp and email services like Gmail. This could undermine encryption-based messaging security, leading to increased surveillance and interception without clear legal safeguards.

Favoring Corporations: Provisions allowing non-auction allocation of satellite spectrum and regulatory sandboxes are likely to benefit large corporations. This is exemplified by the potential market entry advantages for select firms, raising concerns about the fairness of these policies.

Lack of Transparency and Debate: The Bill’s rapid passage through Parliament, despite objections from opposition members, highlights a lack of thorough debate and scrutiny. This is evident from the suspension of opposition members and the dismissal of requests to send the Bill to a Standing Committee for detailed examination.

What are the implications of this controversy?

Cultural Nativity & Political Credit: The use of “Bharat” and crediting the ruling government’s vision reflects a strategy of cultural nativism and a branding tactic for political gain.

Constitutional Concerns: Critics argue that the Telecom Bill represents a shift from constitutional governance to rule by select doctrines, potentially undermining democratic principles.

Way forward

The future steps should focus on closely examining the Telecom Bill to ensure it benefits all Indians. This requires open discussions, involvement of experts, and consideration of the bill’s impact on digital rights and privacy. By doing so, we can create a telecom policy that truly bridges the digital divide and upholds democratic values.

Question for practice:

Discuss the key provisions and controversies surrounding the Telecommunications Bill 2023 in India.