Sansad TV Perspective: Draft Telecom Bill 2022

In the series Sansad TV Perspective, we bring you an analysis of the discussion featured on the insightful programme ‘Perspective’ on Sansad TV, on various important topics affecting India and also the world. This analysis will help you immensely for the IAS exam, especially the mains exam, where a well-rounded understanding of topics is a prerequisite for writing answers that fetch good marks.

In this article, we feature the discussion on the topic: Draft Telecom Bill 2022.

Anchor: Vishal Dahiya

Guests:

1. Rakesh Kumar Bhatnagar, Former Advisor, Department of Telecommunications & DG, Voice of Indian Communication Technology Enterprises
2. Jiten Jain, Cyber Security Expert
3. Sandeep Aggarwal, Chairman, Telecom Committee, PHD Chamber

Context: Govt has put the draft Indian Telecommunication Bill, 2022 in the public domain for suggestions and feedback.

Highlights of the discussion:

• Introduction.
• Reasons for new Bill.
• Features of the Bill.
• Industry’s Response.
• Regulatory aspect of the Bill.

Introduction:

• The proposed Bill aims to bring sweeping changes to how the telecom sector is governed. 
• The new law will replace the three existing laws: 
  • The Indian Telegraph Act, 1885
  • The Indian Wireless Telegraphy Act, 1933
  • The Telegraph Wires (Unlawful Possession) Act, 1950
• The draft bill takes into consideration the need for a new legal framework that is future-ready.  
• OTT and communication apps like Whatsapp, Signal, Telegram, etc. that provide voice or video calling service would fall under the ambit of this bill but through a light-touch regulation.
• The law also provides for an enabling framework to facilitate innovation and technological development in telecommunication. Moreover, it enables a legal framework for preventing harassment of users from unsolicited calls and messages.

Reasons for the New Bill:

• The existing laws are very old, almost 140 years have passed. The kind of digital connectivity that the world is experiencing today could not have been thought of at that time.
• The new bill will address the shortfalls and deficiencies of the previous acts.
• Furthermore, the changes that are taking place in the telecom sector earlier were not as rapid as in the present scenario. For instance, the transformation of services from 2G and 3G to the latest 5G technology is taking place at an exponential pace.
• The earlier telecom sector was majorly controlled by the Government, but the level of competition has increased immensely with the participation of more and more private players.
• The types of services will also multiply with the ever-increasing digital domain.
• The increasing penetration of Over-the-Top (OTT) also requires new rules and regulations for efficient and customer-oriented working.

Features of the Draft Telecom Bill, 2022:

• The Indian government has taken a good step to move away from the earlier approach of amending more than a century-old act with a law that is not only aligned to the present context but is also future-ready. For instance, the law will not only refer to the 5G technology but will prepare grounds for the 6G technology in the future.
• For the first time, a bill is prepared in a simple language. It will be easy to understand even for a common man. Moreover, it has used various illustrations with terminologies.
• It will also fix some problems faced by society like spam calls, OTP frauds, etc. It will provide the right to know the identity of the caller.
• The Bill also realizes that in this digital world India stands at the dawn of the digital age and there is a need for light-touch regulation. These regulations will be in contrast to the strict licence raj or reactive bureaucracy. The light touch regulation can be simple guidelines that provide for self-regulation.
• The government has made sure that it will avoid over-regulation till self-regulation is adequately followed. But at the same time, there will not be a complete absence of regulation as it may have serious repercussions on the user’s rights and data.
• The bill also differentiates between genuine mistakes and wilful defaults.
• The draft also proposes to bring a law that will aid the startup ecosystem, facilitate innovation and serve society.
• The ambit of investment in Research and Development and skilling which was restricted by the Universal Service Obligation Fund (USOF) to just rural areas will be expanded to underserved urban areas and new technologies.

Industries Response to the Draft Bill:

• The industry has welcomed the move as it is open for consultation from various stakeholders.
• The OTT players have to face the heat from various agencies as there is no particular law. Thus, OTT players are also looking forward to development in this context.
• Since light-touch regulations are proposed, the industry is not apprehensive of over-regulation.

Regulatory aspect of the bill:

• The overall regulation would be generic and simple. For instance, it may have simple provisions like Know your Customer, storage of data for two years, etc.
• The law will not stifle the innovation aspect and will provide an enabling environment to the new players without delving into the tough regime of approvals, limits, etc.
• The sole purpose of regulation will be on giving greater emphasis to the protection of consumers’ rights and privacy. It will strengthen the safety and security of the customers.

Conclusion:

The Draft Telecom Bill 2022 is a much-awaited move as India’s Digital space is expanding at a very rapid pace with new technologies and new players. It will not only address the present issues but will also provide a future-ready law.

Read all the previous Sansad TV Perspective articles in the link.

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