Telecom Bill 2022 ( Draft )
Context :
DoT proposes fee, penalty waiver under new telecommunication bill / Business Standard / 22 Sept 2022
Dear Shri Vaishnawji,
I welcome the exemption granted to :
‘press messages that are intended to be published in India’ of correspondents accredited to the central or state government from interception."
And the provision of over-riding this exemption to carry out " State Surveillance " , when it is a question of :
“The exemption will not be granted in case of :
# any public emergency or
# in the interest of public safety,
# sovereignty , integrity or security of India,
# friendly relations with foreign states ,
# public order, or
# to prevent incitement to an offence,” ………….the draft said.
In such cases “,
# any message or class of messages,
# to or from any person or class of persons ,
# or relating to any particular subject,
# brought for transmission by, or transmitted or received by, any telecommunication services, or
telecommunication network,
- shall not be transmitted, or shall be intercepted or detained, or disclosed to the authorized officer "
In simple english language :
" Under certain circumstances, Government retains its right to carry out surveillance of persons ( Indian Citizen ) - by AUTHORIZED officer "
I agree with you that right to " Freedom of Expression " cannot be absolute. It has to be viewed / interpreted in the context of " National / Societal safety and security "
On other hand, I hope you will agree that a citizen has a right to privacy - especially in respect of messages exchanged with friends-colleagues-contacts-
In order to " balance " these needs ( of an individual and of the State ), I urge you to consider my following suggestion , earlier sent as email :
Ø Who watches the Watchmen ?................[ 12 Jan 2019 ]
with regards,
hemen parekh
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