In a conversation with CNBC-TV18 about the new Telecom Bill that has been proposed, R Chandrashekhar, Former Telecom Secretary, said that while the recommendations from the Telecom Regulatory Authority of India (TRAI) have an established methodology of public consultation, the final call has always been the government's. It is very much possible that the government can take decisions without consulting the authority, he said.
“Telecom is within the boundaries of India, but digital applications are behind India's territory. Bringing some of these under telecom is an issue,” he added.
Apar Gupta, Executive Director, Internet Freedom Foundation (IFF), added that the language adopted in the Draft Telecommunication Bill 2022 is the same as that which exists under the Indian Telegraph Act. "Hence, it is not a modern exercise of power in a constitutional framework. It ignores the precedent and the directions of the Supreme Court of India with respect to internet shutdowns. Secondly, the interception language which is adopted is from the time of the Telegraph Act which then had certain safeguards which were made when there were corded landlines. So, it is not compatible with the level of data exchanges which take place today, the safeguards also are absent in the statute," he said.
Supreme Court lawyer Gopal Jain said, “Outdated and archaic laws of a colonial era have to make way for modern, light touch framework which provides a fillip to our digital ecosystem. As we transit into this, the law must be supportive of businesses, it must promote ease of business and must have clarity in terms of both definition and the contours of the subject matter which it seeks to regulate. OTTs have been regulated under the IT rules which were made in March 2021 and there is also a likelihood now of a digital India bill coming for the entire IT and internet-based ecosystem.”
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