The Ministry of Electronics and Information Technology is rapidly progressing with the new Telecom Bill and the upcoming rules of the Digital Personal Data Protection Act. A significant benefit of this bill is the exemption for Over-The-Top (OTT) platforms like WhatsApp and Telegram, which will not be regulated under this new legislation. However, the new rules under the Digital Personal Data Protection Act aim to tighten the regulations surrounding the sharing of Indian citizens’ data by tech companies.
Exemptions for WhatsApp and Telegram
On December 18, 2023, the central government presented the Telecom Bill 2023 in the Lok Sabha, which has since been passed. The introduction of this bill offers considerable relief to OTT platforms such as WhatsApp and Telegram, as they will be excluded from the regulations established by the new Telecom Bill. According to sources involved in the bill’s preparation, these platforms were intentionally left out of consultations, as noted by a former telecom minister.
New Regulations for Minors’ Social Media Accounts
One of the significant changes in the Digital Personal Data Protection Act includes a stipulation that children under the age of 18 must obtain parental consent to create social media accounts. Furthermore, social media companies will be prohibited from tracking children’s activities on these platforms. This measure aims to prevent exploitation of minors’ data under the guise of social media usage.
Phased Implementation of New Rules
The government plans to implement the new rules of the Digital Personal Data Protection Act in multiple phases. The establishment of a Digital Data Protection Board is also included in the provisions of these rules. Additionally, there are plans for the creation of a Data Tribunal to oversee data-related issues.
Consent Requirement for User Data
The new regulations will require social media companies to obtain user approval before accessing their data. Companies are prohibited from sharing user data without explicit consent, thus reinforcing user privacy rights.
Government Stalls the Broadcasting Services Bill
According to sources, the government has decided to halt progress on the Broadcasting Services (Regulation) Bill, 2024 for the time being. This proposed law aims to reform the regulatory framework for broadcasting services in India. The initial draft of the bill was introduced in 2023 and was published for public consultation.
The introduction of this bill arises due to the transition of the Telegraph Act into the Telecom Act. The 1885 Act provided a regulatory framework for broadcasting, but such frameworks did not exist when it was enacted. As a result, with the abrogation of the Telegraph Act and the adoption of the Telecom Act, the Ministry of Information and Broadcasting worked on the Broadcasting Services Bill to ensure that any regulatory gaps created by the repeal of the Telegraph Act are effectively filled.
