New Telecom Act 2023 Comes into Effect

New Telecom Act 2023 Comes into Effect

The Telecommunications Act of 2023 came into effect on June 26, repealing existing legislative frameworks such as the Indian Telegraph Act of 1885 and the Indian Wireless Telegraph Act of 1933. This new law addresses the technological advancements in the telecommunications industry, abolishing the license regime and replacing it with an authorization mechanism. 

Highlights of the New Telecom Law 

The new telecom law empowers the government to take control of any telecommunications services or networks during emergencies. According to the gazette notification, the government may assume control of telecom services on grounds of security, public order, or crime prevention. 

Messages sent by journalists accredited by the state and central government for news purposes will remain exempt from surveillance. However, if news reports are perceived as potential threats to national security, the calls and messages of accredited journalists may be monitored and blocked. The law also establishes a legal framework for a Regulatory Sandbox to facilitate innovation and the deployment of new technology. 

Another significant change introduced by the new telecom law is the limit on the number of SIM cards an individual can have. People can have a maximum of nine SIM cards registered in their names, while those living in Jammu & Kashmir and northeastern states are limited to six SIM cards per person. According to DoT regulations, nine SIM cards are currently allowed per ID with Aadhaar verification. 

Possessing SIM cards beyond the stated limit incurs a fine of Rs 50,000 for first-time offenders and Rs 2 lakh for frequent violators. Additionally, the law stipulates a penalty of up to Rs 50 lakh and three years imprisonment for obtaining a SIM card through deceptive methods. 

Penalty for Unsolicited Commercial Messages 

The Telecommunications Act of 2023 introduces a provision for a penalty of up to Rs 2 lakh for operators sending commercial messages without the user’s consent. The law also allows the government to grant permission to telecom companies to install mobile towers or lay telecom cables on private properties if necessary. 

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