New Telecommunications Act: The government can now access messages in case of emergency.

The partial implementation of the Telecommunication Act, 2023 allowed the government to take control of any telecommunication service or network in the interest of national security, public safety, friendly relations with foreign states, or for the sovereignty and integrity of India.

The Telecom Act, which repeals the Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, and The Telegraph Wires (Unlawful Possession) Act, 1950, was passed by the parliament in December 2023. On 26 June 2024, the provisions of Sections 1, 2, 10 to 30, 42 to 44, 46, 47, 50 to 58, 61 and 62 of the said Act came into force. The Telecom Act has come into effect with 39 sections being implemented in the first phase.

The scope unequivocally encompasses communication services like WhatsApp and Telegram.

Provisions on SIM cards

The government may impose a fine of Rs 50,000 for having more than 9 SIM cards on one identity card. But the residents of the Northeast and Jammu & Kashmir are allowed to have only a maximum of six SIM cards. For subsequent offences, the fine will be up to Rs. 2 Lakh.

The act also addresses that there will be imprisonment of 3 years or a fine of 50 lakhs for buying, selling and using Fake SIM cards.

Inspection and Regulation

During emergencies or threats to national security, the government can monitor and control message and call transmissions by intercepting telecom services.

There are some exceptions for journalists. Communications sent by accredited journalists for news purposes are not subject to surveillance. However, their calls and messages might be monitored and blocked if their reports are deemed to pose a risk to national security.

Unsolicited commercial messages (Spam Messages)

The Act deals with the problem of receiving unsolicited commercial messages. Operators who send such messages without user consent could be fined up to Rs 2 lakh and may even be banned from providing services.

Other Provisions

Accessing data without permission is also considered a crime according to this act. Along with this, cloning a SIM card or misusing someone else’s SIM card will fall under category of punishable offence.