"Even with the partial implementation, the Union and state governments will get the power to intercept messages, and take temporary possession of telecom networks in the interest of public safety or during emergencies" Dr Snehal Hemant Kumar Vakilna, International Cyber Lawyer, Data Protection & AI Specialist.
The new law supersedes the existing and archaic regulatory framework for the telecommunication sector, based on the Indian Telegraph Act, 1885; the Wireless Telegraphy Act (1933); and the Telegraph Wires (Unlawful Possession) Act (1950)
The Telecommunications Act 2023, effective from June 26, replaces outdated laws to modernise the telecom sector, enhance security, and promote innovation.
Some of the Key Features:
(1) The Telecommunication Act 2023 allows people to have a maximum of nine cards registered in their names. For those living in Jammu & Kashmir and northeastern states, the law allows only up to six SIM cards per person. Owing Simcards beyond stated numbers invites 50000 fine first time offenders and 200000/- fine for repeated violeters.
(2) Penalty 50 lakh and upto 3 year imprisonment for obtaining sim card through deciptive methods.
(3) 2 lakh penalty for commercial message/ advertisement without consent of customer. And 2 Lakh Penalty for operaters sending commercial message without user consent.
(4) Recording Calls Without Permission is Breach of Privacy and violets Article 21 of Constitution. Similarly Interception of phone communications illegally, unauthorised data transfer or attempting to gain access to a telecommunication network will soon be punishable by imprisonment for a period of up to three years or a fine of up to Rs 2 crore.
(5)Messages sent by journalists with state and Central accreditation for news purposes will remain exempt from surveillance. In case the news reports are seen as potential threats to national security, the calls and messages of accredited journalists may be monitored and blocked.
(6)The government gains more control over telecom services in emergencies to ensure security and public order
(7) The Law Allows Government to Grant Permission to Telecom Companies to install mobile towers in private property if necessary.
"Offences are Bailable with imposement of heavy penalties. Its a good initiative taken by government as defensive mechanism against Sim Swapping, Deceptive procurement of Sims & Jamtara related Scams." Dr Snehal Hemant Kumar Vakilna, International Cyber Lawyer, Data Protection & AI Specialist.
