Govt can now intercept, stop messages

This can be done for public safety or during public emergencies

- SUBHAYAN CHAKRABORTY

Certain chunks of the Telecommunications 2023, will come into effect from Wednesday, allowing the Centre and state governments to intercept messages, and take temporary possession of telecom networks in the interest of public safety or during emergencies.

New rules on right of way for telecom infrastructure and penalties on SIM ownership will also be implemented.

However, much-awaited provisions dealing with administrative allocation of satellite spectrum, the mandatory biometric verification of users by telcos, and a smoother telecom dispute resolution mechanism, will be implemented at a later date.

Sections 1, 2, 10 to 30, 42 to 44, 46, 47,50 to 58, 61 and 62 of the Act, which was passed in Parliament in December last year, will be enforced from Wednesday.

Crucially, Section 20 (2) of the Act allows the government to stop the transmission of any message in the interest of public safety and during a public emergency. This majorly expands the number of government entities that may be able to intercept messages. In 2019, the government had informed the Lok Sabha that 10 central agencies including the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED) and the Intelligence Bureau (IB) can intercept telephone communications, provided they have the Union home secretary's prior permission to do so.

The same section allows the Centre or states to take temporary possession of any telecom service or network during a public emergency, including disaster management, or in the interest of public safety.