Any order suspending telecom services must be public: New rule

The rules, which replace the 2017 suspension rules, were released for public consultation on August 29.

The government has made it mandatory to publish all orders suspending telecom services, including internet services, with specific reasons, geographical area and duration, which cannot exceed 15 days. These requirements are part of the Telecommunications (Temporary Suspension of Services) Rules, 2024, which came into effect on November 22.

Any order suspending telecom services must be public: New rule

The rules, which replace the 2017 suspension rules, were released for public consultation on August 29. They have been issued under Section 20(2)(b) of the Telecommunications Act, 2023, which empowers central and state governments to suspend telecom services during public emergencies or for public safety.

In a significant change from the extant rules and the draft rules, authorities can now order shutdowns only when no other reasonable means are available “in the interest of the sovereignty and integrity of India, defence and security of the State, friendly relations with foreign States, public order, or for preventing incitement to the commission of any offence”. This means internet shutdowns can no longer be used as a first response.

The rules are silent on publishing review committee orders and deliberations. In February 2024, a Supreme Court bench of Justices BR Gavai, JB Pardiwala, and Sandeep Mehta ordered that while committee deliberations need not be published, “it will be necessary to publish the final order”.

The review committee can now set aside any suspension order that doesn’t comply with Section 20(2)(b).

“Given the deep impact on rights and freedoms, there are no safeguards to prevent indefinite shutdowns or requirements to adhere to principles of necessity and proportionality. The review committee is still not independent of the government,” said Namrata Maheshwari, senior policy counsel and encryption policy lead at Access Now.

India imposed 116 internet shutdowns in 2023, accounting for 41% of the 283 shutdowns globally, according to Access Now data. India has led globally in internet shutdowns for six consecutive years. Of 1,458 shutdowns recorded since 2016, India accounts for 773, or 53%. Shutdowns increased 41% globally from 201 in 2022 to 283 in 2023. According to SFLC.in’s tracker, India has already seen 55 internet shutdowns in 2024.

Apart from these three changes --- mandatory publication of orders, ordering shutdowns as last resort, and allowing the review committee to set aside non-compliant suspension orders --- the notified rules are largely the same as the rules they are superseding.

The suspension order can only be issued by the “competent authority”, that is, home secretary in case of the central government, and the state home secretary in case of states. If due to “unavoidable circumstances”, the order can’t be issued by them, it can be issued by an officer not below the rank of a joint secretary to the central government who has been duly authorised by the “competent authority”. Such an order must be confirmed by the “competent authority” within 24 hours of issuance else it will seek to exist.

The suspension order must be published with the aforementioned details. A copy of the order must be sent to the concerned review committee within 24 hours of issuance. The review committee must meet within 5 days of issuance of a suspension order and “record its findings” about whether the order conforms to the parent act.

As is the case now, the review committee for the centre consists of a chairperson (the cabinet secretary) and two members (telecom secretary and legal affairs secretary), and for the state consists of a chairperson (chief secretary) and two members (law secretary or legal remembrancer in charge, and a state secretary other than home secretary).

All licensed service providers (telcos and internet service providers) must appoint a nodal officer for every service area to receive and implement the suspension order. Only officers, not below the rank of superintendent of police, can communicate suspension orders to the nodal officers, either in writing or through secure electronic communication.