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Telecom Act: Can the Government Intercept Your Calls and Messages?

Telecom Act: Tejasi Panjiar discusses ambiguities and privacy concerns on this episode of Unbreak the News with Prema Sridevi, highlighting potential government surveillance expansions and the need for user rights safeguards.

By Prema Sridevi
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Telecom Act 2023: Exploring Ambiguities and Privacy Issues

Prema Sridevi: Today with me on this episode of Unbreak the News is Tejasi Panjiar, the Associate Policy Counsel at the Internet Freedom Foundation (IFF). Tejasi has been advocating for digital rights for years. Tejasi, thank you for joining me.

Tejasi Panjiar: Happy to be here.

Prema Sridevi: In December 2023, when most of the opposition MPs were suspended in Parliament, the Lok Sabha passed the Telecommunications Bill 2023. This Bill replaces three archaic laws: the Indian Telegraph Act of 1885, the Indian Wireless Telegraphy Act of 1933, and the Telegraph Wire Act of 1950, bringing all telecom regulations under one Act. You have called the new telecom law outdated and archaic. What exactly do you mean by this?

Tejasi Panjiar: Thank you for the question and for setting the context. It's very important to remember the chaos in Parliament when the bill was passed. We've consistently called it outdated because we've seen two versions of this Bill: the 2022 version and the 2023 version, which finally became an Act of Parliament.

Even if you read the white paper that came before the 2022 Bill, it was a positive step. The intention was to reform the telecom sector. However, the legislation that has now become law does not have provisions to legislate surveillance or internet suspension safeguards. While it gives the government power to intercept communications and suspend the internet, it lacks checks and balances to protect user rights.

Prema Sridevi: You mentioned the need for safeguards. What kind of safeguards are we talking about?

Tejasi Panjiar: We need safeguards that are written into the law, ensuring user-centric rights. This includes checks and balances on the government's power to intercept communications and suspend the internet. Given the instances of internet shutdowns and surveillance, such as the Pegasus scandal and the recent Apple threat notification, it's crucial to bring in these safeguards.

Prema Sridevi: Can you point out specific clauses or sections of the new law that make it outdated?

Tejasi Panjiar: Certainly. For example, Section 20 of the Telecom Act is almost identical to Section 5 of the Indian Telegraph Act. Both deal with surveillance, interception, and suspension of internet communications, re

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