Messages sent through Internet-based messaging service providers such as Whatsapp, Signal, and Telegram, as well as those which are encrypted, are understood to be within the Act's ambit.
Certain chunks of the Telecommunications Act, 2023, will come into effect from Wednesday, June 26, 2024, allowing the Centre and state governments to intercept messages, and take temporary possession of telecom networks in the interest of public safety or during emergencies.
New rules on right of way for telecom infrastructure and penalties on SIM ownership will also be implemented.
However, much-awaited provisions dealing with administrative allocation of satellite spectrum, the mandatory biometric verification of users by telcos, and a smoother telecom dispute resolution mechanism, will be implemented at a later date.
Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the Act, which was passed in Parliament in December last year, will be enforced from Wednesday.
Crucially, Section 20 (2) of the Act allows the government to stop the transmission of any message in the interest of public safety and during a public emergency.
This majorly expands the number of government entities that may be able to intercept messages.
In 2019, the government had informed the Lok Sabha that 10 central agencies including the Central Bureau of Investigation, the Enforcement Directorate and the Intelligence Bureau can intercept telephone communications, provided they have the Union home secretary's prior permission to do so.
The same section allows the Centre or states to take temporary possession of any telecom service or network during a public emergency, including disaster management, or in the interest of public safety.
The Act defines telecommunication as the 'transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception'.
It further defines a message as any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication'.
Consequently, messages sent through Internet-based messaging service providers such as Whatsapp, Signal, and Telegram, as well as those which are encrypted, are understood to be within the Act's ambit.
However, after the Act was passed in Parliament, then telecom minister Ashwani Vaishnaw had stressed that Over-the-Top (OTT) services are not covered under the scope of the Act.
Until further clarity is provided by the government, messaging OTTs will remain a grey area.
Interception of messages is also allowed in the interest of friendly relations with foreign states, maintenance of public order, or for preventing the incitement towards any offence.
Internet-based messages
In April, WhatsApp told the Delhi high court that if it is made to break encryption of messages, then the social messaging platform would exit India.
It had filed a petition challenging the 2021 Information Technology rules for social media intermediaries.
They required the messaging app to trace chats and make provisions to identify the first originator of information.
The IT rules had been the government's primary legislation directing the interception of messages so far.
The definition of telecommunication and telecommunication service is diluted and ambiguous, potentially including online communication services like WhatsApp and Zoom under its ambit, said digital rights group Internet Freedom Foundation on Tuesday.
Senior officials at the department of telecommunications had said the verification of OTT users and related issues may be taken up under the ministry of electronics and information technology's proposed Digital India bill.
Currently, efforts are also underway to finalise the rules regarding the interception of calls and messages on grounds of national security, prevention of incitement of offences, or public order.
These are to be administered on defined procedures, and in-ministerial consultations with MeitY are ongoing, officials told Business Standard.
Right of way and spam
Relevant sections dealing with updated rules for right of way, both on public and private property, will also come into force.
The Act has broadened the definition of public entities to include government agencies, local bodies and public-private partnership projects like airports, seaports, and highways.
In a key move, the government can now grant permission to telcos to install mobile towers or lay telecom cables on private properties, if absolutely necessary, even if the landowner objects.
Going forward, telecom infrastructure will also be distinct from the property it is installed on. This is expected to help reduce the disputes when property is sold or leased.
Section 28 of the Act also cracks down on spam. Getting prior consent from subscribers to receive advertising messages, and establishing Do Not Disturb registers have been made mandatory for operators.
Feature Presentation: Ashish Narsale/Rediff.com
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