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The Telecommunications Act 2023: A Breach Of Right To Privacy?




Atif Chaudhary, Jamia Millia Islamia University


Introduction


Telecommunication is a broad term that includes a wide array of information-transmitting technologies and communication infrastructure. In simpler terms, it is an exchange of information over a wide span through electronic means. India is the second largest telecom industry in the world with a 1.09bln subscriber base. The Indian telecom industry includes telephone, internet, and television broadcast industries.


The Telecommunications Bill was introduced to regulate and bring all the sectors under the governance of the centre which has powers to take action along with the state government. The bill was introduced on 18 December 2023 after receiving the assent the bill passed as the Telecommunications Act 2023. The act replaces the 138-year-old Telegraph Act of 1885, The Wireless Telegraphy Act of 1933, and The Telegraph Wires (Unlawful Possessions) Act of 1950. This Act is An Act to amend and consolidate the law relating to the development, expansion, and operation of telecommunication services and telecommunication networks; assignment of spectrum; and for matters connected therewith or incidental thereto1. This legislation confers broad authority on the government to intercept and decrypt messages, and stripping the Telecom Regulatory Authority of India of its jurisdiction.


Privacy is yet not legally defined but many scholars believe it to be and integral part of the very existence of Human Rights of a person. Privacy may include Dignity, Protection from surveillance, confidentiality etc. The Right to privacy was not envisaged in the part III of the Indian constitution as a fundamental right but significant judgments of the supreme court have led the way for this right to be a fundamental right guaranteed by the constitution to its citizens.


The right to privacy is granted to the citizens through Article 21 Right to Life and Liberty.

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Indian Journal of Law and Legal Research

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ISSN: 2582-8878

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