In a transfer that would provide cell phone customers a giant relief from spam calls and fraudulent messages, the federal government has proposed to make it necessary that the identification of an individual sending a message or calling needs to be seen to the receiver regardless of the platform used for communication.
“All of you know that there has been a rise in cases where people get a call saying I am calling from XYZ bank seeking financial details leading to fraud… or you get threats from unknown numbers… so we have introduced a lot of points for user protection and to prevent cyberfraud.. we have dealt with this issue head-on…” Telecom Minister Ashwini Vaishnaw mentioned on Friday, stressing that the main focus of the proposed telecom Bill was to make sure safety of customers.
He mentioned safety of customers wouldn’t be restricted to name made by way of landline or regular voice calls, however all varieties of calls similar to WhatsApp calls, Zoom calls and FaceTime and many others.
“Whichever type of call it is, if someone is calling me, I have the right to know who is calling. This is a right that every user has and it has now been put into the Act. There has to be a light touch but focused and effective regulation which is primarily focused on protection of users,” he mentioned.
Legal framework
The draft Bill permits a authorized framework for stopping harassment of customers from unsolicited calls and messages and states that “the identity of a person sending a message using telecommunication services shall be available to the user receiving such message, in such form as may be prescribed”.
Speaking to reporters, the Minister burdened that the federal government envisaged a lightweight contact regulatory surroundings that may not stifle innovation or enhance regulatory burden.
The draft Bill, which was launched earlier this week inviting feedback from stakeholders, seeks to interchange the prevailing authorized framework comprising the Indian Telegraph Act, 1885, the Wireless Telegraphy Act, 1933 and the Telegraph Wires (Unlawful Possession) Act, 1950, that at present govern the telecommunication sector within the nation.
It consists of provisions similar to waiving off dues for financially-stressed operators, bringing over-the-top platforms (similar to WhatsApp, Zoom, Netflix) throughout the ambit of telecom providers that require a licence to function and provisions for message interception in case of public emergency.
Replying to a question on licensing of OTT apps, the Minister mentioned these had been already included underneath regulation as an interpretation of ‘telegraph’ underneath the Indian Telegraph Act. “Already by interpretation of what is a telegraph – the service which you use today… is it telegraph? It is not… but… over a period of time all the services that you use are already interpretated under telegraph… We are in 2022…the construct that we take in 2022, we need to consider the reality of 2022…With interpretation there is confusion… law should be certain and clear. To bring that clarity this has been done.”
Transparent session
The Minister mentioned this draft would undergo a clear session course of and solely then the ultimate draft could be made on the premise of inputs obtained.
Mr. Vaishnaw added that the federal government was working in the direction of making a complete digital framework. “Telecom laws have to be seen in consonance with personal data protection and digital India… and the other things which are there for digital… There is a sequence… beginning is with telecom because its the entry point of Digital India. Then there is data protection and then there will be Digital India Act…Everything has to be seen in consonance with each other.”
The Minister mentioned he anticipated the brand new telecom Bill to be transformed right into a regulation within the subsequent six to 10 months.
