Focus on User Protection and Cybersecurity; How the New Telecommunications Bill Safeguards Consumers

The Telecommunications Bill 2023 which has been introduced in the Lok Sabha is seen as a major policy overhaul vis-à-vis the telecom sector in the country. The proposed legislation aims to replace archaic laws like the Indian Telegraph Act, 1885, and modernise India’s regulatory framework in the digital age.

One of the primary aims of the proposed legislation is to combat the escalating threat of fraudulent calls and unsolicited messages. It also aims to streamline various elements such as spectrum management and authorisation, right of way and dispute resolution into a single updated statute.

Focus on user protection

– “Do Not Disturb” register gets a legal mandate to protect users from unsolicited commercial (spam) messages and calls.

– Online grievance redressal mechanism for addressing grievances of users.

– Acquiring SIM fraudulently using someone else’s identity proof will be punishable.

Cybersecurity

The Telecommunications Bill, 2023 includes a provision mandating biometric identification by telecom companies before issuing SIM cards to consumers. Therefore, telecom companies can’t sell SIMs without biometric-based identification, which will eliminate the scope of fraud and authenticates the subscriber’s identity.

The proposed legislation also seeks to establish stringent punitive actions to prevent fraud and protect customers from cybercrimes. The bill proposes a jail term of up to three years or a fine of up to Rs 50 lakh for a person obtaining SIM or other telecom resource through fraud, cheating, personation etc.

The government has proposed to mandate sector regulator Telecom Regulatory Authority of India to share its reply on clarification sought from it within 30 days.

The Bill also provides that telecom service providers must verify the identity of their users through any verifiable biometric-based identification to check frauds and online scams.

It also proposes that the Centre will take temporary possession of telecom networks in case of any public emergency or in the interest of public safety.

End to spam calls, texts

Under the new Telecom Bill, the registration of “Do Not Disturb” will get a legal mandate. The move will guard consumers against spam or unsolicited commercial messages and calls.

It has a provision that requires consumers’ prior consent to be taken to send them advertising and promotional messages for goods and services and soliciting financial investments.

The Bill also rules that any message or class of messages between two or more persons, or relating to any particular subject, may be subject to interception, monitoring or blocking. However, such monitoring may lower the degree of privacy of communication for the users.

Overall, the Telecommunications Bill has four critical areas of reform, including those related to licensing, spectrum, right of way and dispute resolution.

Leading voices of telecom industry, including Bharti Airtel MD and CEO Gopal Vittal, Vodafone Idea CEO Akshaya Moondra and others have lauded various provisions of the Bill, especially those related to security provisions, right of way, and simplification of licensing.