The Telecommunications Act 2023, which introduces significant changes to India’s telecom laws, will take effect today, June 26. This new legislation will replace the Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933, reflecting the substantial technological advancements in telecommunications.
The Telecommunications Act 2023 brings some substantial changes to India’s telecom laws, emphasizing national security, consumer protection, and the modernization of telecommunications infrastructure.
Government Control for National Security:
One critical provision allows the government to control and manage any telecommunication services or networks if national security, friendly relations with foreign states, or war conditions necessitate it. This is a significant measure to ensure the nation’s safety and stability.
SIM Card Regulations:
The Act also introduces new rules regarding how many SIM cards an individual can possess. People can have up to nine SIM cards registered in their name. However, Jammu, Kashmir, and Northeast residents are limited to six SIM cards. Violations of these limits will result in hefty fines: Rs 50,000 for the first breach and Rs 2 lakh for subsequent breaches. Additionally, obtaining a SIM card using someone else’s identification documents can lead to severe penalties, including up to three years of imprisonment, a fine of up to Rs 50 lakh, or both.
Regulation of Commercial Messages:
The Act addresses the issue of unsolicited commercial messages. Operators sending commercial messages without user consent could face fines up to Rs 2 lakh and might even be banned from providing services. This provision aims to protect consumers from unwanted spam messages.
Infrastructure on Private Property:
The government now has the authority to permit telecom companies to install mobile towers or lay telecom cables on private property, even without the landowner’s consent. This provision ensures telecom infrastructure expansion and maintenance, deemed necessary by the authorities.
Interception and Surveillance:
In emergencies or when national security is at risk, the government can intercept telecom services to block and control message and call transmissions. However, there are exceptions for journalists. Messages sent by accredited journalists for news purposes are exempt from surveillance. Nevertheless, if their reports are considered a potential threat to national security, their calls and messages may be monitored and blocked.
As these provisions come into effect on June 26, they will significantly impact the regulatory landscape of the telecom sector in India, ensuring it keeps pace with technological advancements and addressing contemporary challenges.