Why in News?
The Department of Telecommunications (DoT) notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 on December 6, 2024.
About Interception Rules
- Purpose: Establishes procedures for lawful interception of citizens' messages.
- Supersedes: Replaces Rules 419 and 419A of the Indian Telegraph Rules, 1951, while respecting existing orders until expiry.
- Scope: Part of the Telecommunications Act, 2023, a modernized framework for telecom regulations.
The Telecommunications Act, 2023
- It provides clear definitions which reduces ambiguity and expands scope to include internet-based messaging services like WhatsApp, Signal, and Telegram.
- Right of Way (RoW): Simplifies telecom infrastructure deployment on public/private property, including in airports, seaports, and highways.
- National Security: Section 20(2) allows message transmission to be halted for public safety and emergencies, increasing entities authorized for interception.
- Digital Bharat Nidhi: Replaces the Universal Service Obligation Fund (USOF), enabling funding for research, development, and pilot projects.
- User Protection
- Unsolicited commercial messages without consent may lead to fines or service bans.
- Do Not Disturb registers are mandatory.
- SIM card limits: 9 cards nationwide; 6 in Jammu & Kashmir and Northeast regions (violations incur fines up to ₹2 lakh).
- Common Ducts: Aligns with PM Gati Shakti vision to establish cable corridors for efficient telecom infrastructure.
- Regulatory Sandbox: Legal framework to promote telecom innovation.
- Historical Context (1885-2023)
- Indian telecom regulations evolved through three laws:
- Indian Telegraph Act, 1885
- Indian Wireless Telegraphy Act, 1933
- Telegraph Wires (Unlawful Possession) Act, 1950 (repealed in 2023).
- The TRAI Act, 1997 established the Telecom Regulatory Authority of India (TRAI) and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
- Licensing authority remains with the central government.
This framework reflects a modernized approach to managing India's rapidly evolving telecom sector, balancing user protection, national security, and innovation.
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