MEDIA LAW NOTES

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986

Section 3 – Prohibition of advertisements containing indecent representation of women

 No person is allowed to:
 Publish
 Cause to be published
 Arrange the publication
 Take part in the publication or exhibition
 If the advertisement contains indecent representation of women in any form, it
is completely prohibited.

Section 4 – Prohibition of publication or sending by post of books, pamphlets, etc.,

containing indecent representation of women
 No person shall:
 Produce or cause to be produced
 Sell
 Let to hire (rent out)
 Distribute
 Circulate
 Send by post
 Any of the following materials are covered:
 Book
 Pamphlet
 Paper
 Slide
 Film
 Writing
 Drawing
  Painting
 Photograph
 Representation
 Figure
 If they contain indecent representation of women in any form, these actions
are strictly prohibited.

Exceptions (Proviso to Section 4)

These prohibitions do not apply in the following specific cases:
(a) Materials used for public good or religion:
 If the publication is justified as being for public good, such as:
 For the sake of science
 Literature
 Art
 Learning
 Other objects of general concern
 Or if the material is:
 Kept or used in good faith (bona fide) for religious purposes
(b) Sculptures or images in historical or religious places:
 Any representation (sculptured, engraved, painted, etc.) that appears:
 On/in an ancient monument as defined by the Ancient Monuments and
Archaeological Sites and Remains Act, 1958
 In/on any temple
 On any car (vehicle) used to carry idols or used for any religious purpose
(c) Films regulated under the Cinematograph Act:
 Any film which is regulated by Part II of the Cinematograph Act,
1952 is exempted.
IT (INTERMEDIARY GUIDELINES& DIGITAL MEDIA ETHICS CODE) RULES,
2021

RULE 2
f) Communication Link
 A connection between a hypertext (clickable text) or graphical element (clickable
image/icon).
 Links one or more items in the same or a different electronic document.
 When you click on this hyperlinked item:
 You are automatically transferred to the other end of the hyperlink.
 This can be:
 Another electronic record
 Another website
 Another application
 Another graphical element

g) Content
 Means the electronic record as defined in clause (t) of section 2 of the Act.
 (Note: This refers to “data, record or information stored electronically.”)

h) Content Descriptor
 Means the issues and concerns relevant for classifying any online curated content.
 These include concerns like:
 Discrimination
 Depiction of illegal or harmful substances
 Imitable behaviour (actions that can be copied)
 Nudity
 Language (offensive/inappropriate language)
 Sex
 Violence
  Fear
 Threat
 Horror
 Other concerns as specified in the Schedule annexed to the rules.

m) News and Current Affairs Content

 Includes newly received or noteworthy content.
 Includes analysis—especially about recent events.
 Focuses on events that are:
 Socio-political
 Economic
 Cultural in nature.
 Made available over the internet or computer networks.
 Any digital media is considered news and current affairs content if:
 The context, substance, purpose, import and meaning is in the nature of
news and current affairs content.

o) News Aggregator
 An entity that plays a significant role in deciding which news and current affairs
content is made available.
 Provides users with a computer resource that enables:
 Access to news and current affairs content.
 The content is:
 Aggregated
 Curated
 Presented by this entity.

s) Publisher
 Means a publisher of news and current affairs content.
 Also includes a publisher of online curated content.
t) Publisher of News and Current Affairs Content
 Means entities like:
 Online paper
 News portal
 News aggregator
 News agency
 Any other similar entity (called by any name).
 Functionally similar to publishers of news and current affairs content.
 Excludes:
 Newspapers
 Replica e-papers of newspapers
 Any individual or user who is not transmitting content as part of a:
 Systematic business
 Professional
 Commercial activity.

u) Publisher of Online Curated Content

 Means a publisher who plays a significant role in deciding the online curated
content made available.
 Provides users with a computer resource to access online curated content via:
 Internet
 Computer networks.
 Includes any other similar entity (called by any name).
 Excludes:
 Any individual or user who is not transmitting online curated content as
part of:
 Systematic business
 Professional
 Commercial activity.
w) Social Media Intermediary
 An intermediary whose primary or sole function is to:
 Enable online interaction between two or more users.
 Allows users to:
 Create
 Upload
 Share
 Disseminate
 Modify
 Access information using its services.

x) User
 Any person who accesses or uses a computer resource of an intermediary or
publisher.
 Purpose can be:
 Hosting
 Publishing
 Sharing
 Transacting
 Viewing
 Displaying
 Downloading
 Uploading information.
 Also includes:
 Other persons jointly participating in using such computer resource.
 The addressee (receiver).
 The originator (sender).
y) User Account
 Means the account registration of a user with an intermediary or publisher.
 Includes:
 Profiles
 Accounts
 Pages
 Handles
 Other similar presences.
 These enable a user to access the services offered by the intermediary or publisher.

RULES 3-5

RULE 3 & 3A
1. Due Diligence by an Intermediary
Who must follow this?
 Intermediaries, including:
 Social Media Intermediaries
 Significant Social Media Intermediaries
 Online Gaming Intermediaries

(a) Publishing Rules & Policies

 Must publish on website/app:
 Rules & Regulations
 Privacy Policy
 User Agreement
 Language: English or any Eighth Schedule language (user's choice)
 Must ensure users comply with these.
(b) Inform Users & Prevent Harmful Content
 Inform users in their language of choice.
 Make reasonable efforts to prevent users from hosting, displaying, uploading,
modifying, publishing, transmitting, storing, updating, or sharing info that:
1. Belongs to someone else without rights.
2. Is obscene, pornographic, paedophilic, invasive of privacy (including bodily),
gender-insulting/harassing, racially/ethnically objectionable, promotes money
laundering/gambling, causes user harm, promotes enmity to incite violence.
3. Harms children.
4. Infringes IP rights (patent, trademark, copyright).
5. Deceives/misleads about origin, spreads misinformation, patently false/untrue
info, or misleading info.
 Also includes info identified as fake/misleading by Government fact-
check units.
6. Impersonates someone.
7. Threatens India’s unity, sovereignty, security, foreign relations, public order, or
insults other nations.
8. Contains viruses or malicious software.
9. Is an online game not verified as permissible.
10. Advertises or promotes non-permissible online games or intermediaries.
11. Violates any existing law.
 Explanation: “User harm” = any effect detrimental to user or child.

(c) Yearly User Reminder

 Inform users at least once a year:
 If they violate rules/policies, intermediary can:
 Terminate access.
 Remove non-compliant content.
 Do both.

(d) Handling Unlawful Content

  On receiving a court order or government notification, intermediary must:
 Not host/store/publish unlawful info that threatens:
 Sovereignty/integrity of India
 Security of State
 Foreign relations
 Public order
 Decency/morality
 Contempt of court
 Defamation
 Incitement to offences
 Notification must be by an authorised agency.
 Must remove/disable access within 36 hours.
 Voluntary removal or removal on grievance will not be considered a violation of
safe harbour protections.

(e) Caching Exception

 Automatic, temporary storage (caching) without editorial control for transmission
purposes is not considered hosting/publishing.

(f) Periodic User Notifications

 Must inform users of rules/policies/agreements at least once a year.
 For online gaming intermediaries offering real money games:
 Must inform users of changes within 24 hours.

(g) Preservation of Removed Content

 If any content is removed, intermediary must preserve it & related records for 180
days (or longer if court/government requires).

(h) User Data Retention

 If a user cancels/withdraws registration:
  Intermediary must retain their data for 180 days after cancellation.

(i) Security Measures

 Must take reasonable security measures as per IT Rules 2011.

(j) Assisting Government Agencies

 Must provide information/assistance to lawful agencies for:
 Identity verification
 Prevention, detection, investigation, prosecution of offences
 Cyber security incidents
 Timeframe:
 72 hours (normal intermediaries)
 24 hours (gaming intermediaries with real money games)
 Such orders must be in writing with clear purpose.

(k) No Circumvention of Laws

 Intermediaries must not knowingly deploy or modify systems to bypass laws.
 Exception: May develop technology to secure resources & data.

(l) Reporting Cyber Incidents

 Must report cyber security incidents to Indian Computer Emergency Response
Team (CERT-IN) as per rules.

(m) Accessibility, Privacy & Transparency

 Must ensure:
 Services are accessible.
 Due diligence, privacy, transparency expectations are met.

(n) Respect for Constitutional Rights

  Must respect citizens’ rights under Articles 14, 19, 21 of the Constitution.

2. Grievance Redressal Mechanism

(a) Grievance Officer Details
 Must publish on website/app:
 Name of Grievance Officer.
 Contact details.
 Mechanism for complaints (rules violation, gaming rules, etc.).
(b) Complaint Handling Timelines
 Grievance Officer must:
 Acknowledge complaint within 24 hours.
 Resolve complaint within 15 days.
 For requests to remove content (under Rule 3(1)(b), except sub-clauses (i), (iv), (xi)):
 Must be resolved within 72 hours.
 Must develop safeguards to prevent misuse of complaint mechanism.

RULE 4
Rule 4: Additional Due Diligence for Significant Social Media Intermediary (SSMI) &
Online Gaming Intermediary (OGI)
(1) Mandatory Appointments within 3 Months:
 Chief Compliance Officer (CCO):
 Ensures compliance with IT Act & Rules.
 Personally liable if due diligence fails.
 Must be a resident senior employee in India.
 No liability without hearing opportunity.
 Nodal Contact Person (24x7):
 Coordinates with law enforcement.
 Must be a resident employee in India (different from CCO).
  Resident Grievance Officer:
 Handles grievances as per Rule 3(2).
 Must be a resident employee in India.
(2) Traceability of First Originator:
 Messaging platforms must identify the first originator of information:
 Only via court order or order under Section 69 of IT Act.
 Only for grave offences: sovereignty, security, public order, rape, CSAM, etc.
 Must avoid intrusive means if possible.
 Cannot be forced to reveal message content or unrelated user data.
 If originator is abroad, Indian originator is deemed the first.
(3) Disclosure of Paid Content:
 If SSMI benefits financially (ads, sponsored posts) or holds IP/copyright:
 Must clearly label content as advertised, marketed, sponsored, owned, or
exclusively controlled.
(4) Proactive Monitoring of Harmful Content:
 Use tech tools to identify & block content showing:
 Rape, CSAM, previously removed illegal content.
 Must display notice to users when blocked.
 Ensure proportionality, privacy, free speech.
 Human oversight & periodic review of AI tools for bias, accuracy, fairness.
(5) Physical Contact Address in India:
 Must publish on website/app for official communication.
(6) Grievance Redressal Mechanism:
 System for complaint tracking with unique ticket number.
 Must provide reasons for actions taken or not taken.
(7) Voluntary User Verification:
 Mechanism for Indian users to verify accounts (e.g., mobile OTP).
 Verified users get visible verification mark.
 Verification data can't be misused without consent.
(8) Notice & Hearing Before Content Removal (Voluntary Action):
  Notify user before removal with reasons.
 Allow user to contest & request reinstatement.
 Resident Grievance Officer oversees this process.
(9) Govt May Seek Extra Information:
 Ministry can demand more info if required.
(10) Gaming Verification Mark:
 Online real money games must display verification by a self-regulatory body.
(11) Informing Users:
 OGIs must clearly inform users about rules, privacy policy, terms, etc.

Rule 4A: Obligations for Online Gaming Intermediary (OGI)

1. OGIs allowing real money games must comply with Rule 3 & 4.
2. Must observe due diligence & obligations to protect users & prevent harm.
3. OGIs are to ensure compliance with laws related to:
 Betting, gambling, money laundering, etc.
4. Must appoint compliance, grievance, nodal officers as per Rule 4(1).
5. Must display verification mark for permissible real money games.
6. Must block unlawful games & content.
7. Deploy tech tools to detect prohibited content (similar to Rule 4(4)).
8. Enable voluntary verification of users.
9. Must provide:
 Physical contact address.
 Mechanism for grievance redressal.
10. Must publish monthly compliance reports.

Rule 4B: Obligations of Self-Regulatory Body (SRB) for Online Gaming

1. SRBs must be registered with MeitY (Ministry of Electronics & IT).
2. SRB's functions:
 Verify if online real money game is permissible under law.
  Issue verification marks.
3. Ensure games do not involve:
 Gambling, betting, wagering.
 Promote user harm, addiction, violence, financial fraud.
4. Must adopt a Code of Ethics.
5. Must have mechanisms to:
 Redress user complaints.
 Take action against violations.
6. Must publish quarterly compliance reports.
7. Must cooperate with MeitY & law enforcement.

Rule 4C: Obligations of Online Gaming Intermediary for KYC

1. OGIs must follow KYC procedures similar to RBI norms.
2. Must conduct user identity verification.
3. Maintain user data securely.
4. Cannot misuse user data beyond intended purpose.
5. Must implement user account verification measures.
6. Must ensure users are informed about:
 Privacy policies.
 Grievance redressal processes.
 Verification process.

Rule 5: Additional Due Diligence for Intermediaries (News & Current Affairs Content)
1. Extra Responsibility in Addition to Rule 3 & 4:
 Intermediaries must follow Rules 3 and 4.
 On top of that, they have to follow this special rule when dealing with news
and current affairs content.
2. Mandatory Public Statement on Platform:
 The intermediary must publish a clear and simple statement.
  This statement should be placed in a prominent location on
their website, mobile app, or both.
 The statement must inform publishers of news and current affairs
content about the following requirement.
3. Obligation for News Publishers:
 Publishers of news and current affairs content must be told that:
 Apart from following the general terms of service applicable to all
users,
 They also need to furnish the details of their user accounts on that
intermediary’s platform.
 This information has to be submitted to the Ministry as per Rule 18.
4. Verification Mark (Optional but Allowed):
 The intermediary may provide a visible verification mark to those
publishers.
 This is only for publishers who have provided their information as per Rule
18.
 This verification mark should be:
 Demonstrable (can be shown/proven)
 Visible to all users of the intermediary’s service.
5. Explanation Clause:
 This entire Rule 5 applies only to news and current affairs content.
 The responsibility to administer (manage/enforce) this rule lies with
the Ministry of Information and Broadcasting.

CHAPTER I: Grievance Redressal Mechanism

10. Furnishing and processing of grievance
1. Who can file grievance?
Anyone having a complaint about content published by a publisher violating the Code
of Ethics.
2. Where to file?
Through the grievance mechanism established by the publisher under Rule 11.
3. Acknowledgement:
 Publisher must acknowledge receipt of grievance within 24 hours.
  This is for the complainant’s information and record.
4. Grievance redressal process:
 (a) Publisher must resolve grievance & inform complainant within 15 days.
 (b) If no decision is given in 15 days, grievance escalates to the self-
regulating body.
 (c) If complainant is unsatisfied with publisher’s decision, can appeal to
self-regulating body within 15 days of decision.
 (d) Self-regulating body must resolve such grievances/appeals and give
its guidance/advisory to publisher, also inform complainant within 15
days.
 (e) If complainant is still unsatisfied, can appeal to Oversight Mechanism
(Rule 13) within 15 days of decision.

CHAPTER II: Self-Regulating Mechanism - Level I

11. Self-Regulating Mechanism at Level I
1. Level I is the publisher itself.
2. Publisher’s obligations:
 (a) Must establish grievance redressal mechanism.
 Appoint a Grievance Officer in India.
 (b) Display contact details & Grievance Officer’s info on website/interface.
 (c) Grievance Officer must decide on every grievance within 15 days and
inform complainant.
 (d) Publisher must be a member of a self-regulating body (Rule 12) and
follow its rules.
3. Grievance Officer’s Role:
 (a) Receive grievances about Code of Ethics.
 (b) Act as nodal point with complainant, self-regulating body & Ministry.
4. Online curated content classification:
 Publisher must classify content into categories given in Schedule.
 Consider context, theme, tone, impact, target audience.
 Apply ratings & content descriptors as per Schedule.
 5. Displaying content ratings & descriptors:
 Publisher must prominently display ratings & explanations of content
descriptors.
 Must be done in a way that users are informed before accessing content.

CHAPTER III: Self-Regulating Mechanism - Level II

12. Self-regulating body
1. There can be one or more self-regulatory bodies.
 Formed by publishers or their associations.
2. Leadership & members:
 Headed by a retired judge of Supreme Court/High Court OR
an independent eminent person from fields like media, entertainment, child
rights, human rights, etc.
 Up to 6 members, experts from these fields.
3. Registration with Ministry:
 Must register within 30 days from notification of rules.
 If formed later, within 30 days of its constitution.
 Ministry will verify compliance before registering.
4. Functions of Self-regulating body:
 (a) Ensure publishers follow Code of Ethics.
 (b) Provide guidance to publishers.
 (c) Address grievances not resolved by publishers in 15 days.
 (d) Hear appeals by complainants.
 (e) Issue guidance/advisories to publishers for compliance.
5. Types of guidance/advisories they can issue:
 (a) Warning, censure, admonishing, reprimanding.
 (b) Ask publisher for an apology.
 (c) Require warning card or disclaimer.
 (d) For online content, direct to:
 (i) Reclassify ratings.
  (ii) Modify content descriptor, age classification, access controls.
 (iii) Edit content synopsis.
 (e) For content causing public order issues or falling under Section 69A,
refer to Ministry for Oversight Mechanism.
6. No violation found?
 Body must inform complainant & publisher of no violation.
7. Non-compliance by publisher:
 If publisher fails to follow guidance/advisories, body must refer matter to
Oversight Mechanism (Rule 13) within 15 days after non-compliance.

CHAPTER IV: Oversight Mechanism — Level III

13. Oversight Mechanism
1. The Ministry will:
 (a) Publish a charter for self-regulating bodies, including Codes of Practice.
 (b) Establish an Inter-Departmental Committee to hear grievances.
 (c) Refer grievances to Committee when:
 Self-regulating body has decided OR
 Self-regulating body has not decided in time OR
 For other necessary complaints about Code of Ethics.
 (d) Issue guidance and advisories to publishers.
 (e) Issue orders/directions for Code of Ethics compliance.
2. Authorised Officer:
 Appointed by Ministry.
 Rank: Not below Joint Secretary to Govt. of India.
 Role: Issue directions under Rules 15 & 16.

16. Blocking of Information in Emergency

1. In emergencies (no delay acceptable):
 Authorised Officer examines if content falls under Section 69A (1) grounds.
  Recommends blocking to Secretary, Ministry of Information &
Broadcasting (MIB).
2. Interim blocking order:
 Secretary, MIB can block public access without hearing the concerned party.
 Must record reasons in writing.
3. Committee Review:
 Within 48 hours, Authorised Officer must present the case to the Committee
for recommendation.
4. Final decision:
 Based on Committee’s recommendation, Secretary, MIB passes final order.
 If blocking is not approved, interim order will be revoked.
 The concerned party must be instructed to unblock the content.

MODULE 3
Colonial Foundations (1851–1950)
 1851: First telegraph line (Calcutta–Diamond Harbour)
An experimental electric telegraph line between Calcutta (now Kolkata) and Diamond
Harbour opened for use by the East India Company in 1851. Testbook
 1885: Indian Telegraph Act
Enacted on 1 October 1885, it granted the central government exclusive control over
“telegraphs” (later interpreted to include telephony, data and internet). India
CodeCentre for Internet and Society
 1933: Indian Wireless Telegraphy Act
Introduced licensing requirements for possession and use of wireless apparatus, laying
the foundation for radio-frequency management. India CodeICNL
Post-Independence Consolidation (1950–1990)
 1950: Telegraph Wires (Unlawful Possession) Act
Criminalized unauthorized possession of telegraph wires; this Act remained on the
books until repealed in 2023. Indian Kanoon
 Nationalization → Posts, Telephone & Telegraph (PTT) Department
Shortly after 1947, all foreign and private telecom entities were nationalized into the
unified PTT department under the Ministry of Communications. gapgyan.org
 1984: Centre for Development of Telematics (C-DOT)
Established in August 1984 as an autonomous R&D arm of the Department of
Telecommunications to foster indigenous switching and transmission
technologies. Centre for Development of Telematics
 1986: MTNL & VSNL
– MTNL was incorporated on 1 April 1986 to serve metro areas (Mumbai & New
Delhi). Wikipedia
– VSNL (now Tata Communications) was incorporated on 19 March 1986 to manage
international telecom services. Tata Communications
Liberalization and Regulatory Modernization (1990–2023)
 1994: Private Sector Entry
The New Telecom Policy 1994 ended state monopoly, permitting private and foreign
investment in basic and value-added services. King Center on Global Development
 1997: TRAI Act
Established the Telecom Regulatory Authority of India to set tariffs, enforce service-
quality norms and separate policymaking from operations. Centre for Internet and
Society
 2000: TDSAT
The Telecom Disputes Settlement and Appellate Tribunal was created via a TRAI Act
amendment to adjudicate sectoral disputes and appeals. Wikipedia
  2023: Telecommunications Act
Replaced the 1885 Telegraph Act with a technology-neutral framework, introducing
user-protection norms, right-of-way reforms and provisions for OTT, 5G and satellite-
based services. Wikipedia

THE INDIAN TELEGRAPH ACT, 1885

PART II: PRIVILEGES AND POWERS OF THE GOVERNMENT

Section 4: Exclusive privilege in respect of telegraphs, and power to grant licenses

1. Central Government’s Exclusive Rights:
 The Central Government alone has the exclusive privilege to establish,
maintain, and operate telegraphs within India.
2. Granting Licenses:
 The Central Government can give a license to any person or entity to
establish, maintain, or work a telegraph in any part of India.
 This license comes with conditions and may require payments decided by the
Central Government.
3. Wireless and Other Telegraphs Permissions:
 The Central Government can make rules (published officially) allowing:
 (a) Wireless telegraphs on ships in Indian waters and on aircraft within
or above India or Indian waters.
 (b) Other telegraphs (non-wireless) within any part of India.
 These permissions come with restrictions and conditions as deemed fit.
4. Payments for License:
 Payments for licenses include sums related to the Universal Service
Obligation.
 These sums are determined by the Central Government based on
recommendations by the Telecom Regulatory Authority of India.
5. Delegation of Powers:
 The Central Government can delegate any or all powers related to license
granting to the telegraph authority via official notification.
 The telegraph authority’s exercise of these powers is subject to conditions
imposed by the Central Government.
 6. Identification Requirements for License Holders:
 Anyone granted a license must identify the people they provide services to
by:
 (a) Authentication under the Aadhaar Act, 2016.
 (b) Offline verification under the Aadhaar Act.
 (c) Use of passports issued under the Passports Act, 1967.
 (d) Any other officially valid documents or identification methods
notified by the Central Government.
7. Multiple Identification Modes:
 If a licensee uses Aadhaar authentication, they must also allow other
identification methods mentioned above.
8. Voluntary Identification:
 Identification by any of the modes is voluntary.
 No person can be denied service for not having an Aadhaar number.
9. Data Protection for Aadhaar Users:
 If Aadhaar authentication is used for identification:
 The person’s core biometric information and Aadhaar number
must NOT be stored.
10. Additional Safeguards:
 The Central Government can specify more safeguards and
conditions regarding identification compliance for license holders.

Section 5: Government power to take possession and intercept messages

1. Taking Possession in Emergencies:
 During a public emergency or for public safety, the Central or State
Government (or authorized officers) can temporarily take possession of any
telegraph operated by a licensee.
 This possession lasts as long as the emergency or safety interest exists.
2. Interception or Detention of Messages:
 During a public emergency or for:
 Sovereignty and integrity of India,
  State security,
 Friendly foreign relations,
 Public order,
 Preventing incitement to crime,
 The Government or authorized officer can order:
 Messages to or from any person/class or about any subject to not be
transmitted, or to be intercepted, detained, or disclosed.
 The reasons for this must be recorded in writing.
3. Press Messages Exception:
 Messages from accredited correspondents meant for publication are not to be
intercepted or detained unless prohibited under this section.

Section 6: Power to establish telegraphs on Railway land

 If the Central Government requires it, a Railway Company must allow the
Government to establish and maintain a telegraph on its land.
 The Railway Company must also provide reasonable facilities for operating it.

Section 6A: Power to notify rates for international message transmission

1. The Central Government can notify, by order, the rates and conditions for sending
messages to countries outside India.
2. While setting these rates, the Central Government will consider factors such as:
 International message transmission rates,
 Foreign exchange rates,
 Domestic transmission rates,
 Other relevant factors as seen fit.

Section 7: Power to make rules for telegraph conduct

1. The Central Government can make rules (published officially) regarding telegraphs
established by itself or licensed persons.
2. Rules may cover:
 (a) Rates, conditions, and restrictions for message transmission within India.
  (b) Precautions against improper interception or disclosure of messages.
 (c) Preservation duration and conditions for telegrams/documents in telegraph
offices.
 (d) Fees for searching telegrams or documents.
 (e) Conditions and restrictions about telegraph lines, appliances, and apparatus
(like establishing, maintaining, working, repairing, transferring, shifting,
disconnecting).
 (ee) Charges for applications to provide telegraph lines/apparatus.
 (eea) Administration of funds related to telegraphs.
 (eeb) Criteria for releasing sums from such funds.
 (f) Charges for establishing, maintaining, working, repairing, transferring, or
shifting telegraph infrastructure.
 (g) Matters related to transitioning from agreements to rules-based rights and
obligations for telegraph infrastructure.
 (h) Payment schedules and security for rates, charges, and fees.
 (i) Compensation for losses incurred by the Government related to telegraph
infrastructure for someone’s benefit, including:
 (a) Early termination by the person after connection,
 (b) Work rendered abortive before connection due to person’s actions.
 (j) Principles and authority for assessing such compensation.
 (jj) Qualifications and exams required for persons working on telegraphs and
fees for those exams.
 (k) Any other necessary matters for efficient telegraph conduct.
3. Fines for Rule Breaches:
 Rules can prescribe fines for breaches by licensed persons or their employees.
 Maximum fines:
 Licensed person: Rs. 1000 for first breach + Rs. 200 per day
continuing.
 Employee or other person: One-fourth of above amounts.
4. Non-Preclusion Clauses:
 These rules do NOT prevent:
  (a) Central Government from entering agreements with persons for
telegraph services when necessary.
 (b) Central Government from refusing to provide telegraph
infrastructure.
5. Rule Approval by Parliament:
 All rules must be laid before Parliament for 30 days during sessions.
 Parliament can modify or reject rules; modifications or annulments apply
prospectively.
 Past actions under the rules remain valid despite changes.

Section 7A: Saving of existing agreements

 Section 7 does NOT allow making rules that change or override any agreements made
by the Central Government with any person before the Indian Telegraph
(Amendment) Act, 1957, related to telegraph lines or apparatus.

ection 8 (Power to make rules for the conduct of telegraphs)

1. Central Government’s rule-making power:
The Central Government can make rules by publishing notifications in the Official
Gazette for how telegraphs are to be conducted.
2. Rules can cover (not exhaustive):
 (a) Rates and conditions for sending messages within India.
 (b) Precautions to avoid unauthorized interception or disclosure of messages.
 (c) How long telegrams and related documents should be preserved.
 (d) Fees charged for searching telegrams or documents held by telegraph
offices.
 (e) Conditions for establishing, maintaining, working, repairing, shifting,
withdrawing, or disconnecting telegraph lines or equipment.
 (ee) Charges related to applications for telegraph lines or equipment.
 (eea) Administration of the telegraph fund.
 (eeb) Criteria for releasing money from the telegraph fund.
 (f) Charges for:
  (i) Establishing, maintaining, working, repairing, shifting telegraph
lines/equipment.
 (ii) Services of operators running the telegraph system.
 (g) Matters relating to transitioning from rights by agreement to rights under
these rules.
 (h) Payment terms, security for payments, and the persons responsible for
paying rates and fees.
 (i) Compensation for losses to the Central Government when:
 (a) The telegraph line/equipment is given up before the fixed period.
 (b) Work done is wasted because of the user’s action/inaction.
 (j) Principles and authority for assessing such compensation.
 (jj) Qualifications and exams for telegraph staff and fees for admission to
exams.
 (k) Any other necessary provisions for proper telegraph conduct.
3. Fines for rule breaches:
 When a licensed person breaches rules:
 Fine up to ₹1,000 initially, then ₹200 per day for ongoing breach.
 When a servant or other person breaches:
 Fine up to one-fourth of above amounts.
4. Exceptions:
 Rules don’t prevent the Government from entering agreements to provide
telegraph lines/equipment.
 The Government is not obligated to provide telegraph facilities.
5. Parliamentary oversight:
 All rules must be laid before Parliament for 30 days in session(s).
 Parliament can modify or annul rules within the next session(s).
 Previous actions under rules remain valid despite changes.

Section 9 (Saving of existing agreements)

 Section 7 (rules-making power) does not authorize making rules that affect
agreements entered before the Indian Telegraph (Amendment) Act, 1957.
  All rights, obligations, and agreements prior to the amendment continue unaffected.

PART III: POWER TO PLACE TELEGRAPH LINES AND POSTS

Section 10: Power for telegraph authority to place and maintain telegraph lines and
posts
 The telegraph authority has the power to place and maintain telegraph lines and
posts on any immovable property.
 These lines and posts can be placed under, over, along, or across any property.
 The posts can be placed in or upon any immovable property.

Important legal notes regarding the telegraph authority’s power (substitutions and
insertions):
 The word "Crown" in the original text was replaced by the A.O. 1950.
 The phrase "Secretary of State for India in Council" was replaced earlier by A.O.
1937.
 A clause was inserted by Act 8 of 2004, section 5, effective from 1-4-2002.

Conditions (Provided that):

(a) The telegraph authority can only use these powers for telegraph lines/posts:
 That are established or maintained by the Central Government, or
 Are to be established or maintained by the Central Government.
(b) The Central Government does not acquire any ownership or proprietary rights over the
property.
 It only acquires a right of user (permission to use the property for telegraph
purposes).
(c) The telegraph authority cannot exercise these powers over any property controlled or
managed by a local authority without:
 Getting permission from that local authority first.
(d) While exercising these powers, the telegraph authority must:
 Do as little damage as possible.
  If any damage occurs to property (except those governed by clause (c)), the telegraph
authority must pay full compensation to all persons who suffer damages due to their
actions.

Section 11: Power to enter on property to repair or remove telegraph lines or posts
 The telegraph authority has the right to enter on the property where telegraph
lines/posts are placed at any time.
 This entry is allowed for the purposes of:
 Examining,
 Repairing,
 Altering,
 Or removing the telegraph line or post.

Section 17: Removal or alteration of telegraph line or post on property not owned by a
local authority
1. If a telegraph line or post has been placed by the telegraph authority on any private
property (not controlled by a local authority) — under, over, along, across, in, or
upon that property —
2. And if a person with rights over that property wants to use or deal with their
property in a way that makes it necessary or convenient to:
 Remove the telegraph line or post,
 Move it to a different part of the property,
 Change its height (higher or lower),
 Or change its form/shape,
That person can require the telegraph authority to remove or alter the telegraph line or post
accordingly.
3. However, if the person has previously received compensation under Section
10(d) for this telegraph line or post:
 They must, at the time of making this request, pay the telegraph authority
either:
 The actual cost of removal or alteration, or
 Half the amount of the compensation already paid,
whichever amount is smaller.
4. If the telegraph authority does not comply with this request:
 The person can apply to the District Magistrate (local administrative
magistrate) where the property is located,
 Asking the magistrate to order the removal or alteration.
5. Upon receiving such application, the District Magistrate may:
 Reject the application, or
 Make a final order for removal or alteration of the telegraph line or post,
 The order can be unconditional or subject to conditions,
 The magistrate's order is final and binding.

Section 18: Removal of trees interrupting telegraphic communication

1. If there are trees standing or lying near a telegraph line that:
 Interrupt, or
 Are likely to interrupt telegraphic communication,
Then a Magistrate of the first or second class may, on application by the telegraph
authority, order that the tree be:
 Removed, or
 Dealt with in another appropriate way.
2. When deciding on the tree removal or treatment, the magistrate must:
 Consider whether the tree existed before the telegraph line was installed,
 Award reasonable compensation to the persons interested in the tree,
 The compensation decision is final.

Section 19: Telegraph lines and posts placed before this Act
 Every telegraph line or post that was placed before this Act came into force under,
over, along, across, in, or upon any property for government telegraph purposes,
 Shall be deemed to have been placed lawfully:
 With all powers conferred by this Act,
 After following all the requirements of this Act.
Section 19A: Person exercising legal right likely to damage or interfere with telegraph
— obligation to give notice
1. Anyone who plans to exercise a legal right on their property that is likely to:
 Cause damage to a telegraph line or post placed according to this Act, or
 Interrupt or interfere with telegraphic communication,
Must give at least one month's written notice of their intention to:
 The telegraph authority, or
 Any telegraph officer empowered by the authority to receive such notice.
2. If such a person does not give notice and still proceeds to deal with the property in a
way that may cause damage or interference:
 A first or second class Magistrate, on application by the telegraph authority,
may order the person to:
 Stop dealing with the property in that manner for up to one month,
 Immediately take action to remedy or prevent damage, interruption,
or interference during that period.
3. If a person deals with property in this way to avert imminent danger of personal
injury to themselves or others:
 They are considered to have complied with the notice requirement if:
 They gave as much notice as possible under the circumstances,
 Or if no prior notice was possible without risking danger, they
must immediately give notice after taking action.

Section 19: Power to confer telegraph authority powers on licensees

1. The Central Government may issue a notification giving a licensee (a private party
licensed under Section 4) certain powers of the telegraph authority,
2. These powers relate to the licensee’s scope of license and include any powers under
this part of the Act for telegraph lines established or maintained by the government,
3. The Central Government may impose conditions and restrictions on these powers,
4. Important: The notice required under Section 19A (about damage or interference)
must always be given to the telegraph authority or the officer authorized to receive it,
regardless of licensee powers.
Section 20: Establishing, Maintaining or Working Unauthorized Telegraph
1. If a person sets up, maintains, or uses a telegraph in India without following section
4 or the rules under it:
 Wireless telegraph: Punishable with up to 3 years imprisonment, or a fine,
or both.
 Other types of telegraphs: Punishable with a fine up to ₹1000.
2. For wireless telegraph offences under this section:
 The offence is bailable (you can get bail).
 It is non-cognizable (police cannot arrest or investigate without court
permission).
3. When convicted, the Court may order that the telegraph or any part of it involved in
the offence be forfeited to the Government.

Section 20A: Breach of License Conditions

 If a license holder under section 4 breaks any license condition:
 Punished with a fine up to ₹1000.
 Plus an additional fine up to ₹500 per week for as long as the breach
continues.

Section 21: Using Unauthorized Telegraphs

 If someone knows or suspects a telegraph is unauthorized and still:
 Sends or receives messages on it,
 Provides services related to it,
 Delivers or accepts messages for it,
 They will be fined up to ₹50.

Section 22: Opposing Establishment of Telegraphs on Railway Land

 If a Railway Company or its officer neglects or refuses to comply with section 6
(which requires cooperation for telegraph establishment on railway land),
 They are fined up to ₹1000 per day of refusal or neglect.
Section 23: Unauthorized Entry, Trespass, or Obstruction
 If any person:
 (a) Enters a telegraph signal-room without permission,
 (b) Enters a fenced telegraph office enclosure against rules or notices,
 (c) Refuses to leave such a room or enclosure when asked,
 (d) Wilfully obstructs or hinders any officer or employee in their duties,
 They can be fined up to ₹500.

Section 24: Attempting to Unlawfully Learn Message Contents

 If a person commits any of the acts in section 23 with intent to unlawfully learn
message contents or commit an offence, they may:
 Be fined under section 23, and
 Be imprisoned up to 1 year.

Section 25: Intentionally Damaging or Tampering with Telegraphs

 If a person intentionally damages or tampers with any telegraph property (battery,
machinery, line, post, etc.):
 To prevent/obstruct message transmission,
 To intercept or learn message contents,
 To commit mischief,
 They face imprisonment up to 3 years, or a fine, or both.

Section 25A: Injury to or Interference with Telegraph Line or Post

 If someone wilfully or negligently damages telegraph lines/posts placed properly on
property, but not covered under section 25:
 They must pay for the damage repairs.
 If telegraph communication is interrupted due to this damage, they can be
fined up to ₹1000.
 Exception: If the damage occurs while legally exercising a right and complying with
section 19A(1), this section does not apply.
Section 26: Telegraph Officer or Official Misconduct with Messages
 If a telegraph officer or related official:
 (a) Wilfully hides, makes away with, or alters any message received for
transmission or delivery,
 (b) Without proper government or court orders, omits to transmit, intercepts,
detains, or discloses message contents to unauthorized persons,
 (c) Reveals the meaning of telegraphic signals to unauthorized persons,
 They can be punished with imprisonment up to 3 years, or a fine, or both.

Section 27: Telegraph Officer Fraudulently Sending Messages Without Payment

 If a telegraph officer sends messages without payment intending to defraud the
Government or license holder,
 Punishable with imprisonment up to 3 years, or a fine, or both.

Section 28: Misconduct by Telegraph Officers or Officials

 If any telegraph officer or official:
 Is drunk, careless, or behaves misconductedly causing message
transmission/delivery delays or errors,
 Or loiters or delays transmission/delivery,
 They can be punished with imprisonment up to 3 months, or a fine up to ₹100,
or both.

Section 29: Sending Fabricated Message

 Repealed by the 1971 Amendment Act.

Section 29A: Penalty for Forging or Imitating Telegraph Documents or Marks

 If any person, without authority:
 (a) Creates or issues any document likely to be believed issued by the
Director-General of Posts and Telegraphs,
 (b) Makes any mark or stamp imitating or similar to official telegraph marks,
 They can be fined up to ₹50.
Section 30: Retaining a Message Delivered by Mistake
 If a person:
 Fraudulently keeps, hides, or detains a message meant for someone else,
 Or refuses to hand it over when asked by a telegraph officer,
 Punishable with imprisonment up to 2 years, or a fine, or both.

Section 31: Bribery

 A telegraph officer is considered a public servant under the Indian Penal Code
sections 161 to 165.
 For this Act, "Government" also includes any license holder under this Act.

Section 32: Attempts to Commit Offences

 Anyone who attempts to commit any offence punishable under this Act
 Shall be punished with the same punishment as the offence itself.

CONSTITUIONAL ASPECTS OF TELECOM LAWS

Introduction
 Technology has evolved in many ways.
 Modern technology has greatly contributed to various sectors.
 Telecommunication is one of the most impacted sectors due to technological
innovations.
 The world is now a "global village" because communication methods have evolved.
 This article focuses on constitutional aspects of telecommunication.
 It analyzes why an effective mechanism is needed to handle telecommunication
issues.
 It reviews various Indian laws regulating telecommunication.
  It examines a landmark Indian court ruling balancing citizens’ right to
privacy and the state’s right to protect sovereignty and integrity.

Freedom of Speech and Expression and Media Regulations

 The Indian Constitution guarantees fundamental rights, which have the highest
importance.
 Freedom of speech and expression is a basic right allowing citizens to share ideas,
beliefs, and thoughts.
 Telecommunication connects all parts of the country.
 Technological innovations have changed communication drastically.
 Print and electronic media have grown rapidly.
 With new technology, protecting country’s sovereignty and integrity is crucial.
 Fake news spreading communal tensions threatens the country’s unity.
 Article 19(1)(a) of the Constitution is very important.
 Justice Patanjali Shastri said it is the foundation of democracy; free political
discussion is necessary for society.
 These rights face scrutiny when state security and integrity are at risk.
 The Supreme Court balances state security and freedom of speech in many rulings.
Key Court Cases:
 Brij Bhushan vs. State of Delhi: Pre-censorship of media restricts freedom under
Article 19(1)(a).
 Sakal Newspaper Pvt. Ltd. vs. Union of India: Government restrictions on
newspaper size/pages violate constitutional freedom.
 Prabha Dutt vs. Union of India: Freedom of speech is not absolute; it
has reasonable restrictions. The press cannot access information harmful to state
security without limits.

Telephone Tapping and Right to Privacy

 Telephone tapping means secretly listening to or recording phone calls without
permission.
 This is an attack on individual privacy.
 The Supreme Court has studied how privacy evolved as a fundamental right.
  Telegraph Act, 1885 allows the government to intercept calls under Section 5(2).
 But misuse and privacy breaches (like Cambridge Analytica scandal) have become
common.
 People’s Union for Civil Liberties vs. Union of India: Court said telephone tapping
violates privacy and created safeguards against state surveillance abuse.
Supreme Court Guidelines for Telephone Tapping:
1. Interception orders must be issued by the Home Secretary of central or state
government.
2. In emergencies, this power can be delegated to a home department officer.
3. A copy of the order must be sent to a review committee.
4. Authorities must consider if the info can be obtained by other means before tapping.
5. Interception orders are valid for 2 months.
6. A review committee of secretary-level officers assesses if orders follow law; can order
destruction of illegally intercepted material.
7. Authorities must maintain records of intercepted communications, disclosure, copies
made, and who received the information.

Relevant Laws Governing Telecommunication and Constitutional Validity

Indian Telegraph Act, 1885:
 Governs telegraph, phones, telex, fax communications.
 Allows authorized officials to intercept communications.
 2007 amendment introduced interception rules under Rule 419.
Accountability Mechanisms:
 Designated officers (not below Superintendent of Police) send interception orders.
 Copies of interception orders must be sent to review committee within 7 working
days.
 Service providers must keep records of intercepted messages, details of persons
involved, methods of interception, copies made, and destruction of copies.
 Service providers must acknowledge receipt of interception orders within 2 hours.
 Every 15 days, they must forward a list of interception authorizations to nodal officers
for verification.
Important Court Cases
State of Maharashtra vs. Bharat Shanti Lal and Ors.:
 Constitutional validity of interception provisions (Sections 13-16 of Maharashtra
Control of Organised Crime Act, 1999) was challenged.
 Supreme Court held:
 Right to privacy is part of the right to life but not absolute.
 Interception must follow a just, fair, and reasonable procedure.
 The challenged provisions have procedural safeguards to prevent arbitrary
surveillance.
 The Act aims to prevent organized crime; interception powers help achieve
this.
Amar Singh vs. Union of India and others:
 Petitioner claimed phone call interception violated his privacy.
 Supreme Court emphasized:
 Service providers have responsibility to verify authenticity of interception
requests.
 If requests have procedural flaws, service providers should not act on them.

Landmark Cases
Shreya Singhal vs. Union of India:
 Case started after Shiv Sena chief's death; party called a bandh.
 Two girls arrested under Section 66A of the IT Act, 2000 for sharing/disliking a post.
 They were later released; case dismissed.
 Section 66A was challenged as violating fundamental rights.
 Issues before the court:
 Whether Sections 66A, 69A, and 79 are constitutional.
 Whether Section 66A curtails freedom of speech.
 Whether Section 66A fits under reasonable restrictions (Article 19(2)).
 Supreme Court held:
 Section 66A is unconstitutional — it violates freedom of speech.
  Section 66A is not saved by Article 19(2).
 Section 69 (blocking access to information) was upheld as constitutional.
Anuradha Bhasin vs. Union of India:
 Triggered by security advisory in Jammu & Kashmir leading to:
 Closure of schools, offices.
 Shutdown of internet and mobile services.
 District Magistrate issued Section 144 CrPC banning public gatherings.
 Journalists' movement and work were restricted.
 Legality of internet shutdown challenged in Supreme Court.
Issues:
 Is freedom of speech and trade over internet part of fundamental rights?
 Is internet shutdown valid?
 Is press freedom violated by restrictions?
Judgment:
 Internet freedom of expression is part of Article 19(1)(a).
 The restrictions did not meet constitutional standards.
 The court declared the shutdown invalid.

Conclusions
 Apex Court has deeply analyzed the right to privacy under Article 21.
 With evolving constitutional interpretation ("transformative constitutionalism"), it’s
time to revisit surveillance laws.
 We must protect the state from becoming an Orwellian surveillance state.
 Recent government privacy invasions have weakened constitutional safeguards.
 Protecting citizens' rights requires vigilant constitutional awareness.
 Any arbitrary government action should be nullified.
 The state must protect individual dignity as a core value.

TECHNOLOGICAL REFORMS: SATELLITE COMMUNICATION, INTERNET

The Internet
Introduction
 The internet is one of the biggest technological breakthroughs in human history.
 It revolutionized how people live, communicate, and work, more than inventions like
the telegraph, telephone, radio, or computer.
 The internet is:
 A worldwide broadcasting system.
 A tool for sharing information.
 A platform for interaction and collaboration among people.
 It works regardless of where people are geographically located.
 The internet is a successful result of continuous research, investment, and
development of communication infrastructure.
 Despite its benefits, the internet has negative sides:
 Misuse of the vast information available.
 Common cybercrimes include identity theft, hacking, spreading hate,
terrorism, phishing, child pornography, grooming.
 Cybercrime is a crime committed using or targeting computers, networks, or
connected devices.
 Cybercriminals/hackers commit most cybercrimes, but not all.
 Any crime involving a computer or network qualifies as cybercrime.

Brief History of the Internet and Cyber Laws

 In August 1962, J.C.R. Licklider from MIT imagined a global network of
interconnected computers for fast data access.
 Leonard Kleinrock introduced the packet switching theory, which focuses on sending
data in packets instead of continuous circuits.
 The U.S. Department of Defense funded ARPANET, the first functional internet
prototype, launched in the late 1960s.
 Robert Kahn and Vinton Cerf developed TCP/IP protocols that standardized data
transmission between networks.
 On January 1, 1983, ARPANET adopted TCP/IP, forming the “network of networks”
now known as the internet.
  Tim Berners-Lee created the World Wide Web in 1990, making the internet more
accessible and recognizable.
 The UN General Assembly’s resolution on January 30, 1997, led to the Information
Technology Act.
 The Department of Electronics drafted the IT Bill in 1998, introduced in Parliament
on December 16, 1999.
 The Bill was modified based on suggestions from commerce and WTO stakeholders,
especially concerning e-commerce.
 The Bill was referred to the Parliamentary Standing Committee for review and
recommendations.
 A debated proposal was that cyber cafe owners should keep records of visitors to fight
cybercrime, but this was dropped for privacy concerns.

Internet: A Legal Perspective

 The internet, IT, and online data/communication evolve rapidly and play important
roles in our lives.
 Cybercrime involvement means law enforcement needs technical knowledge to keep
up.
 There is a challenge in educating people about cyber laws and cybercrime.
 Awareness is needed on cyber security practices: protecting personal data, safe online
banking, using firewalls and antivirus.
 Cyber laws apply only to internet and related technologies.
 They aim to maintain order, fairness, and integrity online.
 Cyber laws protect individuals, organizations, authorities, groups, and businesses
using the internet.
 People must follow their country’s cyber laws.
 Cyber laws cover:
 Scams and fraud.
 Copyright issues.
 Online insults, cyberbullying.
 Gender-based violence, online harassment, stalking.
 The internet’s anonymity makes some crimes easier to commit.
India’s Position Regarding Cyber Laws
 Indian Parliament passed the Information Technology Bill in May 2000.
 The President signed it in August 2000 as the Information Technology Act, 2000 (IT
Act).
 IT Act and its amendment define India’s cyber laws.
 Purpose: provide legal support for e-commerce in India.
 Cyber laws impact e-business and India’s digital economy.
 IT Act gives legal validity to electronic records and activities done electronically.
 Contracts can be legally binding if approval is communicated electronically, unless
otherwise stated.

Satellite Communication
Introduction
 Satellite communication uses artificial satellites to connect communication points on
Earth.
 About 2000 artificial satellites orbit Earth, transmitting analog/digital voice, video,
and data signals globally.
 Two main parts of satellite communication:
 Ground segment: fixed or mobile equipment for transmission/reception.
 Space segment: the satellite itself.
 Standard satellite link:
 Uplink: Earth station sends a signal to the satellite.
 Satellite amplifies and retransmits signal back to Earth.
 Earth stations receive and amplify the signal further.

History of Satellite Communication

 The idea first appeared in Edward Everett Hale’s 1869-70 story “The Brick Moon.”
 Arthur C. Clarke (1945) suggested satellites at 35,786 km altitude orbiting Earth
synchronously.
  October 4, 1957: Soviet Union launched Sputnik 1, the first artificial satellite (lasted
22 days).
 U.S. Project SCORE was first satellite to carry voice messages.
 NASA launched Echo 1 and Echo 2 in 1960 and 1964.
 Telstar 1 (1962) was the first active two-way communication satellite, enabling live
TV and phone calls across continents.
 Syncom 3 (1964), the first geostationary satellite, broadcast the Tokyo Olympics to
the US.
 Other countries launched satellites:
 Canada’s Anik 1 (1972).
 Indonesia’s Palapa 1 (1976).
 India’s first communication satellite was APPLE (1981), used for radio networking
and TV relay.

Legal Aspects of Satellite Communication

Indian Satellite Communication Policy
 Developed in 1997 by the Department of Space, Telecommunications, and Science &
Technology.
 Goals:
 Build strong satellite communication industry in India.
 Make Indian National Satellite System (INSAT) accessible to more users.
 Encourage infrastructure growth.
 Policy allowed leasing INSAT capacity to private parties and foreign satellite
operations from India.
 In 2000, Department of Space issued guidelines to implement the policy focusing on:
 Use and growth of INSAT.
 Preference for Indian satellites.
 Private sector access to satellite capacity.
 Despite this, private participation remained low due to:
 Lack of transparency.
 Government interference (including ISRO).
  Indian space industry remains government-controlled.

International Space Law and Satellite Communication

 International Space Law governs satellite operations globally.
 Made up of UN treaties and legal frameworks.
 Important treaties include:
1. 1967 Outer Space Treaty
 Outer space, the Moon, and celestial bodies cannot be claimed by any country.
 Space is beyond national jurisdiction, like international waters.
 All space activities must follow international law.
 Military use of space is limited.
2. 1972 Liability Convention
 Holds the "launching State" liable for damage caused by its space objects.
 “Launching State” includes:
 The state launching or procuring launch.
 State from whose territory the launch occurs.
 Liability is limited to physical damage caused by the space object.
 Radio interference is excluded from compensation.
 Only applies to international liability (between states), not to damage to
nationals of the launching state.
3. 1975 Registration Convention
 Requires states to keep a national register of space objects they launch.
 States must inform the UN Secretary-General about the register.
 If multiple states qualify as launching states, they decide who registers the
object.

Conclusion
 Both the internet and satellite communication have profoundly changed how we live.
 It is unimaginable now to live without them.
 Rapid technological evolution requires governance and legal rules.
  Despite drawbacks, technology should not be ignored; proper governance allows
better adoption.
 Increasing complexity of internet and satellite communication demands operators
understand and comply with laws.

TELECOMMUNICATIONS: ISSUES AND CHALLENGES

I. JURISDICTIONAL ISSUES: NATIONAL & INTERNATIONAL ASPECTS
1. Constitutional Framework
 Union Government has exclusive authority over telecommunications.
 Article 246 & Union List (Item 31) of the Seventh Schedule: Covers “Posts,
telegraphs, telephones, wireless, broadcasting, and other like forms of
communication”.
 States have no power to legislate telecom laws (they can regulate only ancillary
things like land use or taxes).

2. Indian Telegraph Act, 1885 (ITA)

 Central Government holds “exclusive privilege” to establish, maintain, and operate
communication systems.
 Section 4(1): Only Centre can establish, maintain, and work telegraphs (includes
telecom).
 Private and commercial telecom services need central authorisation.
 States cannot license or regulate telecom networks/services.

3. Key Statutes & Regulatory Bodies

(a) Telecom Regulatory Authority of India (TRAI) Act, 1997
 Established TRAI (Regulator) and TDSAT (Tribunal).
 TRAI functions: Recommend tariffs, interconnection rules, quality standards,
consumer protection.
 Broadcasting excluded from TRAI's scope.
 Appeals from TRAI orders go to TDSAT, not civil courts.
 Civil courts’ jurisdiction is barred.
(b) Department of Telecommunications (DoT)
 Licensing authority for telecom operators (mobile, internet, spectrum).
 Allocates spectrum (2G, 3G, 4G, 5G).
 Prescribes licence conditions, fees, and compliance.
(c) Information Technology (IT) Act, 2000
 Governs cyber and data-related telecom issues.
 Enables government to regulate internet intermediaries (e.g., WhatsApp, VoIP).
 Sections 69-69B: Lawful interception of data.
 Section 75: Extends IT Act extraterritorially to offences outside India if Indian
systems are involved.

4. TRAI Dispute Resolution

 Telecom disputes (e.g., tariffs, interconnection) are heard by TDSAT.
 Supreme Court upheld that TRAI orders can only be challenged via TDSAT/High
Courts.
 Civil suits are not permitted.

5. Federal–State Jurisdictional Issues

States' Limited Role:
 States can't legislate on telecom services or licensing.
 Can regulate ancillary issues like land use, local taxes.
Key Issues:
 Right-of-Way (ROW): Telecom infrastructure (towers, cables) needs land access.
 States/local bodies used to impose fees, delays, restrictions.
 2023 Telecommunications Act & 2024 Draft ROW Rules: Centralized
framework to ensure non-discriminatory access, standardize fees/timelines.
 Taxation & Levies:
 States can impose municipal fees or building usage charges, but not general
licence fees on telecom services.
 Example: BSNL v. State of Chhattisgarh (2023):
 Municipal bodies can levy tower erection fees on land users, not
owners.
  States cannot impose licence fees for telecom services.
 Security & Surveillance:
 Telecom surveillance is a Central subject (Telegraph Act, IT Act).
 States assist central agencies but cannot independently block or inspect
telecom networks.

6. Regulatory Bodies & Licensing Powers

 TRAI: Recommends policies, rates, service quality.
 TDSAT: Hears disputes between DoT, service providers, consumers.
 DoT:
 Issues licences/authorizations.
 Allocates spectrum.
 Approves FDI in telecom.
 Coordinates with security agencies.
2023 Telecommunications Act (Effective 2024-25):
 Repeals Telegraph Act, Wireless Act.
 Introduces “authorizations” replacing multiple licences.
 Confirms exclusive central control.
 Provides extraterritorial jurisdiction (Section 1).
 Limits state/local role to municipal permissions (subject to central ROW rules).

7. Case Laws Clarifying Jurisdiction

 Secretary, Ministry of I&B v. Cricket Association of Bengal (1995):
 Only Centre can license broadcasting on telegraph lines.
 States/municipalities cannot impose levies.
 BSNL v. Chhattisgarh (2023):
 States can impose municipal fees (user-based), not telecom licence fees.
 Nabajyoti Kabiraj v. State of West Bengal (2017):
 Local cess on telecom invalidated; states cannot charge licence fees without
central sanction.
 DoT v. TDSAT (2020):
 TRAI orders challengeable only via TDSAT, not other legal routes.

International Jurisdictional Aspects of Telecommunications in India

1. Globalization of Telecom Services:

 Modern telecom services (internet, VoIP, satellite, OTT platforms like WhatsApp,
Netflix) operate globally.
 No physical boundaries—data flows across countries.
 Raises jurisdictional challenges: Which country’s laws apply? Who regulates
cross-border data & communication?

2. Application of Indian Laws to Foreign Entities:

 Information Technology Act, 2000 (IT Act):
 Section 75: Applies extraterritorially.
 If an offence involves a computer system or network located in India, the
IT Act applies, even if committed outside India.
 Example: A foreign website leaking Indian users’ data can be prosecuted
under Indian law.
 Telecommunication Act, 2023:
 Explicit extraterritorial jurisdiction.
 Section 1 clarifies: applies to offences & contraventions outside India if
they impact Indian telecom services, networks, or equipment.

3. OTT Platforms & Digital Services Regulation:

 OTT platforms (WhatsApp, Zoom, Netflix) deliver services without traditional
telecom licenses.
 Currently regulated under IT Act as intermediaries/digital media.
 Increasing demand to bring OTT services under telecom regulatory
framework (TRAI & DoT oversight).
 Why? Because they use telecom infrastructure but escape telecom-specific
compliance (tariffs, security obligations).
4. Cross-Border Data Flows & Sovereignty:
 India emphasizes data sovereignty—control over data generated in India.
 Related debates:
 Data localization (requiring data to be stored in India).
 Lawful interception & surveillance of cross-border data by Indian agencies.
 Central Govt uses IT Act, Telegraph Act, and new Telecom Act to assert
jurisdiction on data & services used by Indian citizens.

5. International Agreements & Treaties:

 India is part of global organizations:
 International Telecommunication Union (ITU)—UN body for global
telecom standards.
 WTO (GATS Agreement)—India has commitments on telecom market
access.
 But India retains sovereign right to regulate national security, spectrum allocation,
and licensing.

6. Satellite Communication & Global Links:

 Satellite broadband & internet (e.g., Starlink, OneWeb): require coordination with
Indian licensing laws.
 Even foreign satellite services need authorization from DoT to operate in Indian
territory.
 Spectrum usage and satellite communication fall under India’s licensing regime,
despite being space-based.

7. Enforcement Challenges:
 Practical difficulty in enforcing Indian telecom laws on foreign entities.
 Use of:
 Mutual Legal Assistance Treaties (MLATs) for investigations.
 Bilateral agreements for cybercrime cooperation.
  Blocking powers under IT Act (Section 69A) for non-compliant foreign
services.

8. Jurisdiction in Disputes:
 Disputes involving foreign telecom service providers impacting India are handled
through:
 TDSAT (Telecom Disputes Settlement and Appellate Tribunal) for
telecom-specific issues.
 High Courts/Supreme Court for constitutional or international trade disputes.
 International arbitration if contracts specify it.

9. National Security & Cross-Border Telecom Surveillance:

 Interception, decryption, and surveillance of cross-border communications governed
by:
 Telegraph Act, Section 5(2) (for public emergency/national security).
 IT Act, Sections 69-69B (lawful interception & monitoring).
 Central Government retains control—states have no independent authority to regulate
or intercept foreign telecom data.

10. Geopolitical Influence on Telecom Policy:

 India's telecom policy is influenced by:
 Geopolitical concerns (e.g., bans on Chinese telecom equipment vendors
like Huawei).
 National security assessments dictate licensing and market access.
 Recent push for “trusted sources” policy for network equipment
procurement.

DISPUTE RESOLUTION UNDER TRAI

Introduction to TRAI Act, 1997
1. TRAI Act (Telecom Regulatory Authority of India Act) was enacted on 20th
February 1997.
2. Background started with Telecom Policy, 1994, which issued first cellular licenses.
3. Criticism: The 1994 Policy did not provide for a Telecom Regulatory Authority or
for delegating powers from the Central Government.
4. Hence, TRAI Act, 1997 was introduced.
Establishment of TRAI:
5. Under Section 3 of the TRAI Act, 1997, a statutory body was created: Telecom
Regulatory Authority of India (TRAI).
6. Purpose:
 Regulate telecom sector.
 Adjudicate disputes.
 Dispose of appeals.
 Protect interests of service providers & clients.
 Promote growth of telecom sector.
TRAI Composition:
7. TRAI has:
 1 Chairperson.
 Max 4 members (half full-time, half part-time).
8. Chairperson must be a sitting/retired High Court Judge.
9. Members should have expertise in:
 Telecom Industry
 Finance
 Accountancy
 Law
 Management
 Consumer Affairs.

Functions of TRAI (Section 11)

10. Adjudicate disputes between:
 Service Providers.
 Service Providers & Consumers.
11. Main dispute areas:
  Technical compatibility & interconnection.
 Revenue sharing among Service Providers.
 Quality of services & consumer interests.
12. Can issue directions to service providers.
Appeal Process:
13. Parties unhappy with TRAI's decision can:
 Appeal to High Court.
 From there, appeal to Supreme Court.
Jurisdiction Dispute (Delhi High Court):
14. TRAI's power to direct Department of Telecom (DoT) as Licensor was challenged.
15. Delhi High Court ruled TRAI cannot issue directions to DoT in Licensor capacity.
16. This created a gap: No dispute resolution body for Licensor-Licensee disputes.
Amendment in 2000:
17. Functions were split into two bodies:
 TRAI: Recommendatory & Regulatory functions.
 TDSAT: Dispute settlement & Appellate functions.

Duties of TRAI (Section 14A)

18. TRAI gives recommendations to the Central Government on:
 Compliance with license terms.
 Interconnectivity terms & compatibility.
 Revenue-share agreements.
 Quality of service standards & surveys.
 Capacity for local & long-distance connections.
 Maintaining interconnection agreements register (public inspection for a fee).
 Compliance with Universal Service Obligations.
 Levying charges as per regulations.
19. Recommendations are not binding, but Central Government must consider them.
Mandatory Recommendation Requests:
20. Central Government must seek TRAI's recommendations on:
 Need & timing of new service providers.
 License conditions.
21. TRAI must respond within 60 days.
22. Central Government must reply within 7 days to TRAI's request for information.
23. Government can send recommendations back for modification.
Tariff Setting & Transparency:
24. TRAI sets rates for telecom services (domestic & international) in the official gazette.
25. TRAI must ensure transparency in its functioning.
Power to Seek Information & Issue Directions:
26. Under Section 12, TRAI can:
 Call for information.
 Investigate telecom authorities.
27. Under Section 13, TRAI can issue directions.

Telecom Dispute Settlement and Appellate Tribunal (TDSAT)

Background & History:
28. Liberalization policy initiated by former PM opened telecom sector to private players.
29. Need arose for a regulatory body to manage private players.
30. Result: TRAI Act established.
31. Later, Vajpayee government (2000 amendment) created TDSAT.
Overview:
32. TDSAT (Section 14):
 Adjudicates disputes.
 Disposes appeals.
 Protects interests of service providers & consumers.
33. In January 2004, Broadcasting & Cable services were included under TRAI Act.
34. After Finance Act, 2017, TDSAT’s jurisdiction extended to:
 Cyber Appellate Tribunal matters.
  Airport Economic Regulatory Authority Appellate Tribunal matters.
Composition of TDSAT (Section 14B):
35. Consists of:
 1 Chairman.
 2 Members (appointed by Central Govt).
36. Chairman Qualification:
 Must be or have been a Supreme Court Judge or Chief Justice of a High
Court.
37. Members Qualification:
 Must have been Secretary to the Government of India (2+ years).
 Or expert in Technology, Telecom, Industry, Commerce, Administration.
38. Current TDSAT members:
 Chairman: Justice Shiva Kirti Singh.
 Members: A K Bhargava & Musharraf Husain (Registrar).
39. Term of Office:
 Chairman: Till age 75 or 3 years, whichever earlier.
 Members: Till age 65 or 3 years, whichever earlier.
Powers of TDSAT:
40. Jurisdiction over:
 Telecom, Broadcasting, Information Technology, Airport tariffs.
41. Exercises:
 Original & Appellate jurisdiction for Telecom, Broadcasting, Airport tariffs.
 Appellate jurisdiction only for Cyber matters.
42. Cannot handle:
 Anti-competitive trade practices.
 Consumer complaints (separate consumer forums exist).

Process of Registering a Dispute (Section 16)

43. Procedure of TDSAT:
  Not bound by Civil Procedure Code.
 Tribunal follows its own procedures.
44. Appeals against Tribunal’s final order can be made to Supreme Court (Section 18).
45. If parties settle via mediation, no further appeal allowed.
46. Within 5 years, Tribunal settled 400 cases.

Process for Appeals (Section 14A)

47. Who can appeal:
 Central Govt, State Govt, Local Authorities, or any person.
48. Disputes can be:
 Between Licensor & Licensee.
 Between Service Providers.
 Between Service Providers & Consumer groups.
49. Appeals against TRAI’s decisions allowed.
50. Time limit to file appeal: 30 days from receipt of decision.
51. Delay can be condoned with justification (Bharati Telnet v. Union of India, 2005).
52. Tribunal hears parties & passes orders.
53. After order, Tribunal must send copy to TRAI.
54. Tribunal must dispose of appeals within 90 days of receiving appeal.
Specific Matters for Tribunal Dispute Resolution:
55. Need & timing of new service provider.
56. License terms & conditions.
57. License revocation for violations.
58. Market competition & efficiency measures.
59. Category of instruments for services.
60. Technological improvements.
61. Telecom technology development measures.
62. Spectrum management.