Government Publishes Rules for Temporary Suspension of Telecommunication Services

On 28 August 2024, the Ministry of Communications published the draft Temporary Suspension of Telecommunication Services Rules, 2024 (Rules). These Rules have been introduced under the recently enacted Telecommunications Act, 2023 (Telecom Act), replacing the earlier Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 and its amendment in 2020 (collectively, 2017 Rules) that were published due to the powers under the Indian Telegraph Act, 1885 (Telegraph Act). The Rules will be taken into consideration after 30 days from its publication, and stakeholders can provide objections or suggestions in the interim. 

Background

The Rules are framed under Section 20(2)(b) of Telecom Act that empowers the Central Government to temporarily suspend telecommunication services on the occurrence of any public emergency, or in the interest of public safety, or in the interest of the sovereignty and integrity of India, or for preventing incitement to the commission of any offence. Notably, even after the Rules come into effect, existing orders for suspension passed under the 2017 Rules will remain valid until their designated expiry date, ensuring a smooth transition between regulatory regimes. It is noteworthy, that the Rules essentially reproduce the same procedure for suspending telecom services that was set out under the 2017 Rules, and do not propose to bring about radical changes.

Key features of the Rules

The Committees are tasked with reviewing any suspension orders within 5 calendar days of issuance. If the Committee finds that the suspension order does not comply with the provisions of Section 20(2)(b) of the Telecom Act, it may set aside the order. This provides an essential layer of oversight, helping to ensure that suspensions are justified, limited in scope, and compliant with the law.

Comments

In contrast to the Telegraph Act, the Telecom Act sets out grounds pursuant to which suspension orders can be passed following the procedure laid down under the Rules. Such grounds include public emergency, public safety, sovereignty and integrity of India, etc. Therefore, the Committee constituted under the Rules would be able to verify the legality of the orders against the parameters outlined in the Telecom Act, as opposed to the committee under the 2017 Rules that was not given such contours of operation. This provides a necessary system of checks and balances over the suspension orders. The Rules bring enhanced clarity and procedural safeguards to the process of telecommunications suspensions. For telecommunications service providers, the introduction of strict limitations on the geographic scope and duration of suspensions provides a degree of certainty and predictability.  By requiring publication of all suspension orders, the Rules increase transparency in the government’s actions that have the potential to restrict the fundamental rights enshrined under the Constitution of India i.e., right to freedom of speech and expression, and right to information. Publication of reasoned orders will go a long way in aiding courts to test whether such restrictions on fundamental rights are reasonable.

As these Rules come into force, it will be essential to monitor their practical application, particularly in light of past controversies regarding the suspension of services in various parts of the country. The effectiveness of the review mechanism and the adherence to the temporal and geographic limitations imposed by the Rules will be critical in determining the overall success of this regulatory framework.

• Harsh Walia (Partner); Abhinav Chandan (Partner); Shobhit Chandra (Counsel) and Khyati Goel (Associate)

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