Telecom law upgrades for a digital authoritarian state.

General Studies Paper- 2

Context:

• The Telecom Bill 2023, raises concerns about privacy, Favors select corporations, and lacks democratic scrutiny.
• Nationalistic rhetoric obscures its shortcomings, contributing to an erosion of democratic principles.

Introduction:

• Tweet by Union Minister Ashwini Vaishnav announces parliamentary passage of Telecom Bill, 2023.

Digital Bharat Nidhi and the Digital Divide:

• The Telecom Bill introduces “Digital Bharat Nidhi,” renaming the Universal Services Obligation Fund (USOF).
• Despite the name change, little structural change in addressing the digital divide.
• Nationalistic rhetoric distracts from the lack of fresh ideas or solutions for improving connectivity.

Innovation and State Control:

• Provisions favoring select private firms under the guise of national champions.
• Allocation of satellite spectrum without auctions raises concerns, benefiting specific corporations.
• Regulatory sandboxes and dispute resolution systems likely to favor large corporations, maintaining an oligopoly.

Modern Authoritarianism:

• Telecom Act retains colonial architecture with clever rewording of phrases.
• Changes, like replacing “licensing” with “authorization,”result in increased severity.
• Vague definitions allow licensing of OTT messaging apps and email services, compromising user privacy.
• Interception, surveillance powers, and Internet shutdowns lack safeguards, expanding government control.
• “National security” remains undefined, enabling broad government powers without clear limits.
• Biometric-based identification and penalties for non-compliance further contribute to a surveillance state.

Constitutional Concerns:

• Passage of the Telecom Bill in haste without referring it to a Standing Committee.
• Criticism of the parliamentary process as a constitutional veneer for an unconstitutional concentration of power.

Impact on Ordinary Citizens:

• Lack of avenues for ordinary citizens to voice concerns or question the government.
• The bill raises questions about the erosion of democratic principles.
• The Telecom Bill exemplifies a move away from democracy under the guise of progress.