Centre Can Take Over Any Mobile Network For Public Safety, Says Draft Law

The Centre can take temporary possession of any telecommunication network in the interest of public safety or in the event of a public emergency, the proposed law for telecommunications states.

The Telecommunications Bill 2023 was introduced in Lok Sabha today by Communications Minister Ashwini Vaishnaw amid the Opposition's protest demanding Union Home Minister Amit Shah's statement on the breach in Parliament security last week.

The draft law states, "On the occurrence of any public emergency, including disaster management, or in the interest of public safety, the Central Government or a State Government or any officer specially authorised in this behalf by the Central Government or a State Government, if satisfied that it is necessary or expedient so to do, by notification- (a) take temporary possession of any telecommunication service or telecommunication network from an authorised entity..."

The Bill states that messages from mediapersons with accreditation shall not be intercepted unless their transmission is prohibited under the national security clause.

"The press messages, intended to be published in India, of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under clause (a) of sub-section (2)," the draft Bill states.

The draft law also states that the government may, in the interest of public safety, direct the interception of any message between individuals. It also empowers the government to suspend telecommunication networks.

The bill states that in the interest of sovereignty and integrity of India, defence and security of the State, the Centre can "direct that any message or class of messages, to or from any person or class of persons, to or from any telecommunication equipment or class of telecommunication equipment, or relating to any particular subject, brought for transmission by, or transmitted or received by any telecommunication service or telecommunication network, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed in intelligible format to the officer mentioned in such order".

The Bill also says that unlawful interception of messages may attract jail term of up to three years, a fine up to Rs 2 crore or both. The draft also provides for the creation of a Telecom Disputes Settlement and Appellate Tribunal.

The proposed law seeks to replace the Indian Telegraph Act 1885, Indian Wireless Telegraphy Act 1933 and Telegraph Wires (Unlawful Possession) Act, 1950.

The government's contention some of these laws are as old as 138 years and a new law is needed against the backdrop of rapidly emerging technologies in communication. 

Speaking to NDTV on the Bill, BSP MP Ritesh Pandey pointed to the Supreme Court judgment on the right to privacy. "This raises a question mark on this Bill. The Puttaswamy judgment (right to privacy verdict) held that data needs to be anonymised, but in this case, that data can be linked to an individual," he told NDTV, adding that the ramifications of the draft law need to be looked into, particularly with regard to backward communities who lack adequate awareness of technology and their right to privacy.

"We hope that by the time this Bill is implemented, these questions will be looked into and privacy rights will be safeguarded," he added.

Mr Pandey had raised his concerns in Lok Sabha today before proceedings were adjourned amid protests by the Opposition.