Authors:
Neeti Biyani, Pranav Bhaskar Tiwari, Akriti Bopanna, Internet Society
Prateek Waghre, Anushka Jain, Internet Freedom Foundation
Contributors:
Rajnesh D. Singh, Joseph Lorenzo Hall, Carl Gahnberg, Ryan Polk, Susannah Gray, Internet Society
Abstract
In September 2022, the Government of India’s Department of Telecommunications released a draft of the Indian Telecommunication Bill, 2022 for public consultation. The Bill aims to create a comprehensive and contemporary framework for the regulation of telecommunications in the country.
The Bill expands several legal definitions, including that of a ‘telecommunication service,’ and presents a number of onerous regulatory requirements for Internet-based service providers and users alike. The Bill threatens the open, globally connected, secure and trustworthy Internet several ways. Of most concern are requirements on the part of Internet-based service providers to obtain licenses to continue offering services in India; extensive Know-Your-Customer (KYC) requirements for users to verify their identity on service platforms; threats against encryption, especially end-to-end encryption; and the government’s move to unilaterally cement its powers to order Internet shutdowns.
This Internet Impact Brief analyzes various aspects of the Bill from the point of view of what the Internet needs to exist and thrive. We find that the Bill’s provisions undermine the critical properties of the Internet as well as the enablers of an open and trustworthy Internet. It places unnecessary barriers and burdens on businesses and users alike, and harms user privacy.
Ultimately, the Telecom Bill is unlikely to achieve its aims of efficiently regulating the telecommunications sector in India. Competing legislation and rules from other ministries and bodies such as the Ministry of Electronics and Information Technology (MeitY) as well as the Computer Emergency Response Team – India (CERT-In), also pose jurisdictional issues. Instead, this legislative proposal is likely to severely impact the digital economy and the GDP of the country, subject millions of users to greater risk of harm, and jeopardize the security of individuals and businesses.
An open, globally connected, secure and trustworthy Internet is a force for good for everyone—and the Government of India must ensure that laws and regulations uphold the properties that enable the Internet to exist and thrive.
Read more at InternetSociety.org or download Internet Impact Brief: Draft Indian Telecommunication Bill 2022