The President of India, Droupadi Murmu, gave her assent to the much-discussed Telecommunications Bill, 2023, which aspires to reform the telecommunications sector in India. This approval came in the wake of the bill’s passing by both houses of the Indian parliament – the Lok Sabha and the Rajya Sabha.
On December 20th, amidst a suspension of record-high opposition MPs for protesting a recent security breach, the Lok Sabha passed the bill by a voice vote. Following suit, the Rajya Sabha also passed the controversial bill via voice vote the very next day.
The bill’s intended purpose is the revision and consolidation of laws relevant to the operation, development and expansion of telecommunication services and networks. It encompasses the allocation of spectrum and addresses related or incidental matters. Furthermore, the bill is set to replace archaic laws, including the Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933, in addition to the Telegraph Wires (Unlawful Possession) Act, 1950.
In spite of the government’s labeling of the bill as a significant sector reform, critics have expressed apprehensions about privacy and freedom of expression, citing that the bill could provide the government with significant control over telecommunications. The bill allows the interception, monitoring or blocking of messages, subject to government-prescribed procedures. This includes the potential to monitor communications based on specific words, raising privacy concerns, especially when linked to the landmark Puttaswamy v Union of India judgment by the Supreme Court of India. The judgment held that privacy is a fundamental right under Article 21 of the Indian Constitution.
The Ministry of Law and Justice of the Government of India issued a formal notification on Tuesday, declaring the Telecommunication Bill as an act and subsequently enforcing it as law.