Reforms and Replacement in the country’s century-old Telegraph Act ,the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950
Padma jaiswal IAS Secretary to Government of Union Territory describes the Significance of the Telecommunications Act, 2023 to reform the country’s century-old Telegraph Act ,which replaced the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950
Parliament passed the Telecommunications Act, 2023 to reform the country’s century-old telecom law.It replaced the Indian Telegraph Act, 1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires (Unlawful Possession) Act, 1950.It lays down provisions that the central government will provide authorisation for telecom-related activities and assign spectrum. It also mandates that the procedure and safeguards related to interception will be prescribed by the Central Government.
There has been provision of an effective grievance redressal mechanism which is digital by design. It lays down a statutory framework to expedite the process of obtaining the right of way.This provision is poised to enhance faster connectivity and last-mile deployments, thereby improving high-speed fixed broadband access.
Telecommunications Act, 2023 unlike the country’s century-old Telegraph Act ,replaced the Indian Telegraph Act. The Telegraph Act, originally passed in India in 1885, was designed to regulate telegraphy and other wired communications technologies. With the rapid development of Information Technology (IT), the relevance of the Telegraph Act has diminished, but it still impacts modern telecommunication regulations.: Padma jaiswal IAS Secretary to Government of Union Territory explains the important features of the Telecommunications Act, 2023 over the country’s century-old Telegraph Act ,which replaced the Indian Telegraph Act.
The new Telecommunications Act, 2023 unlike the country’s century-old The Indian Telegraph Act, focuses on user protection, reforms on right of way and optimal utilisation of spectrum. It ensures highest priority to user protection and it would curb the cases of impersonation and issuance of SIMs by fraudulent means. It is providing flexibility for allocation of spectrum, mechanisms for improving right of way and building common ducts and cable corridors, expanding the application of USOF (now Digital Bharat Nidhi) and improving fund utilisation.It is aimed to modernize India’s regulatory framework in the digital age, which would empower the Centre to establish rules for the protection of telecommunication networks.It will ensure a transparent auction of spectrum which is very important for the telecom sector.It holds the potential to streamline regulations, facilitate infrastructure development, and usher in an era of technological advancement
Padma jaiswal IAS Secretary to Government of Union Territory elucidates below clearly how the application of the country’s century-old The Telegraph Act in today’s digital age is obsolete, irrelavent,archaic, presents several challenges,barriers and restrictions to the growth led social,economic and technological development of the country
1. The Telegraph Act has Obsolete Framework
• TheTelegraph technology was the primary focus of the 1885 Act, but modern IT systems involve internet, wireless communications, and digital data transmission. Applying a law designed for analog communication systems to digital technologies is inadequate
• The Act lacks provisions for cybersecurity, data privacy, encryption standards, and other key aspects of IT infrastructure.
2. Regulatory Overreach of the Telegraph Act
• The government retains extensive powers under the Telegraph Act, such as intercepting or controlling messages for reasons like national security. In the digital age, this can lead to privacy concerns since the law doesn’t differentiate between traditional telecommunication and modern digital communication.
• Mass surveillance concerns have arisen because the Act’s vague language doesn’t account for the differences between metadata (like location or duration of calls) and content in modern communication.
3. The Telegraph Act has Inadequate Definition of Digital Communication
• The Act defines communication in terms of physical telegraph lines or wires, making it hard to apply directly to wireless or internet-based systems, which dominate IT infrastructure today.
• Legal challenges often arise when trying to apply the Act to technologies like VoIP (Voice over Internet Protocol), instant messaging, and email.
4. The Telegraph Act is ambiguous about Licensing and Spectrum Management
• The Telegraph Act gives the government powers to issue licenses for the use of communication channels and spectrum. However, modern IT relies heavily on the efficient use of the radio spectrum, such as for 5G and IoT (Internet of Things).
• The Telegraph Act’s licensing regime struggles to cope with dynamic spectrum allocation and newer innovations, often leading to inefficiencies in handling frequencies used by telecommunications.
5. Lack of Provisions for Data Privacy and Cybersecurity in The Telegraph Act
• While data is at the heart of modern IT and telecommunication, the Telegraph Act does not address the protection of personal data, cybersecurity threats, or breaches.
• Modern frameworks like the General Data Protection Regulation (GDPR) in Europe or India’s Personal Data Protection Bill offer more robust privacy protection, which the Telegraph Act does not account for.
6. The Telegraph Act is unclear about Encryption and Technology Standards
• The Telegraph Act doesn’t clearly define or address modern-day concerns over encryption, a crucial aspect of secure communications in IT.
• Governments have struggled to regulate end-to-end encryption on platforms like WhatsApp, where the law lacks the ability to enforce technology standards or ensure compliance with security needs.
7. The Telegraph Act Conflicts with Modern IT Legislation
• Several more recent laws, like the Information Technology Act, 2000, often conflict with or overlap the Telegraph Act’s provisions, creating confusion about which law should be applied in cases involving telecommunications and digital infrastructure.
8. The Telegraph Act is inconsistent with Judicial Interpretation
• Courts are often forced to interpret the Act in the context of modern communication technologies, leading to inconsistent judgments, as the law was not designed with the complexities of the digital age in mind.
9. The Telegraph Act is out of sync with Global Alignment
• The Telegraph Act is out of sync with international regulations and best practices concerning modern IT infrastructure and telecommunication standards. Global harmonization of data policies, network governance, and user privacy laws are not adequately addressed by the Act.
Padma jaiswal IAS Secretary to Government of Union Territory Concluded by summarising the old archaic Telegraph Act 1885 in comparison to the new Telecommunication Act 2023
While the Telegraph Act of 1885 provided an effective framework for regulating early communication technologies, it poses numerous challenges in the context of modern IT and telecommunications. Its relevance is fading as new technologies emerge, and the legal system struggles to adapt its provisions for a digital age. Modernizing telecommunication laws is necessary to meet the demands of data protection, cybersecurity, spectrum management, and encryption standards in the digital age.
Conclusion and Way Forward
1.Telecommunication sector is a key driver of economic and social development.
2. It is the gateway to digital services. Security of a country is vitally dependent on safety of telecommunication networks.
3. Therefore, there is a need for the right legal and regulatory framework that focuses on a safe and secure telecommunication network that provides for digitally inclusive growth.
4. It is important that users’ sensitive personal information is not misused by any entity in the data processing Lifecycle
5. It is important that any new player in the services market has non-discriminatory and non-exclusive access to infrastructure on a commercial basis for it to compete against integrated entities.
6. A unified vision of the government of India should bring synergies in licensing, standards, skilling and governance across different departments.