[Reader-list] Excerpts from Draft Communications and Convergence Bill
Shuddhabrata Sengupta
shuddha at sarai.net
Fri May 18 13:35:51 IST 2001
BELOW ARE SOME SELECTIONS FROM THE DRAFT OF THE COMMUNICATIONS AND
CONVERGENCE BILL< PREPARED BY THE MINSITRAY OF INFORMATION TECHNOLOGY<
GOVT. OF INDIA
This is an appendix to the earlier posting "Untouchable Cybershadows"
The Full text of the Draft Bill is available at
http://www.mit.gov.in/convergence.htm
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Some Definitions from PRELIMINARY, Chapter I
(2) "application service" means the service provided by means of one or
more network services and includes such other services as may be prescribed.
(3) "broadcasting service" means a content application service for
providing television programmes or radio programmes, to persons having
equipment appropriate for receiving that service regardless of the means of
delivery of that service,
(6)"communication" means the process of conveyance of content through
transmission, emission or reception of signals, by wire or other
electromagnetic emissions.
(7) "communication service" means a network service or an
application service; or a content application service.
(8) "content" means any sound, text, data, picture - still or moving, other
audio-visual representation, signal or intelligence of any nature or any
combination thereof which is capable of being created, processed, stored,
retrieved or communicated electronically".
(9) "content application service" means an application service which
provides content and includes such other services as may be prescribed;
(10) "customer premises equipment" means any equipment, apparatus or
instrument alongwith its connecting link upto the interface unit located at
the customer premises connecting with the network infrastructure facility.
(11) "encrypted" means treated electronically or otherwise for the purpose
of preventing intelligible reception by unauthorised persons;
(12) "frequency" means frequency of electro-magnetic waves used for
providing a communication service;
(14) "free-to-air broadcasting service" means a non encrypted broadcasting
service made available for reception by receiving equipment commonly
available to the public without requiring payment of a subscription fee;
(15) "license" means a license issued by the Commission under Chapter VII
or Chapter VIII of this Act;
(16) "licensee" means any person who has been granted a license;
(17) "licensed service" means a service licensed under this Act;
(18) "Member" means a Member of the Commission appointed under sub-section
(3) of section 6 and includes the Chairperson;
(19) "network infrastructure facilities" means any element or combination
of elements of physical infrastructure used principally for, or in
connection with, the provision of network services, but does not include
customer premises equipment and includes such other services as may be
prescribed;
(20) "network infrastructure facility provider" means a person who owns or
operates any network infrastructure facility;
(21) "network service" means a service for carrying communications by means
of guided or unguided electromagnetic radiation and includes such other
services as may be prescribed.
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Codes and Standards, from Chapter V
21. The Commission shall by regulations from time to time specify
programme codes and standards which may include inter alia practices -
(i) to ensure that nothing is contained in any programme which is
prejudicial to the interests of the sovereignty and integrity of India, the
security of State, friendly relations with foreign States, public order or
which may constitute contempt of court, defamation or incitement to an
offence.
(ii) to ensure fairness and impartiality in presentation of news and other
programmes.
(iii) to ensure emphasis on promotion of Indian culture, values of
national integration, religious and communal harmony, and a scientific
temper.
(iv) to ensure in all programmes decency in portrayal of women, and
restraint in portrayal of violence and sexual conduct;
(v) to enhance general standards of good taste, decency and morality.
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From Penalties and Adjudications : Chapter X
Penalty for transmission, distribution etc. in contravention of the
provisions or without license.
35. If any person transmits or distributes any communication or performs
any service incidental thereto by the use of a network infrastructure
facility, communication service or wireless equipment which is not licensed
or which has been established or maintained or operated in contravention of
the provisions of the Act or any rules, or regulations made thereunder,
such person shall be liable to a penalty which may extend to rupees ten crores.
Penalty for delivery of content through facilities or equipment not
licensed under the Act.
36. If any person delivers any content for transmission or accepts delivery
of any content sent by the use of network infrastructure facility,
communication service or wireless equipment knowing or having reason to
believe that such facility, service or equipment has been established or
has been maintained or operated without a license or in contravention of
the provisions of this Act or any rules or regulations made thereunder,
such person shall be liable to a penalty which may extend to rupees ten crores.
Penalty for failure to Register Agreements
37. If a service provider who fails without reasonable excuse to register
an agreement which is required to be registered as provided for in section
29 he shall be liable to a penalty which may extend to ten lakh rupees.
Penalty for failure to comply with the decision, direction or orders of the
Commission.
38. If any person wilfully fails to comply with any decision, direction
or order of the Commission, such person shall be liable to a penalty which
may extend to rupees five crores, and in case of a second or subsequent
failure with a further penalty which may extend to rupees ten crores, and
in the case of continuing failure with an additional further penalty which
may extend to rupees two lakhs for every day during which such failure
continues.
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From INTERCEPTION OF COMMUNICATION AND PUNISHMENT FOR UNLAWFUL INTERCEPTION
Chapter XIV
Interception of communication and safeguards against misuse
63. (1) Notwithstanding anything contained in Section 69 of the Information
Technology Act, 2000 and subject to the prescribed safeguards, the Central
Government or a State Government or any officer specially authorized in
this behalf by the Central Government or a State Government, if satisfied
that it is necessary or expedient so to do in the interests of the
sovereignty and integrity of India, the security of the State, friendly
relations with foreign States or public order or for preventing incitement
to the commission of an offence, may direct:
(i) any agency of that Government to intercept any communication on any
network facilities or services;
(ii) any service provider that any content brought for communication by or
communicated or received by him shall not be communicated or shall be
intercepted or detained or shall be disclosed to that Government or its
agency authorized in this behalf:
Provided that press messages, data or information intended to be published
in India of correspondents accredited to the Central Government or a State
Government shall not be intercepted or detained:
(2) The service provider shall, when called upon by any agency, which has
been directed to carry out interception under sub-section (1), extend all
facilities and technical assistance for interception of the content of
communication.
(3) Any service provider who fails to assist the agency referred to in
sub-section (2) shall be punished with imprisonment for a term, which may
extend to seven years.
(4) Save as otherwise provided under this section any person who intercepts
any communication or causes any communication to be intercepted or
discloses to any person, any content shall be punishable with imprisonment
which may extend to five years or with fine which may extend up to ten lakh
rupees and for a second and subsequent offence with imprisonment which may
extend to five years and with fine which may extend up to fifty lakh rupees
or with both.
(5) For the purposes of this section 'intercept' means the aural or other
acquisition of the contents through the use of such devices or means as
considered necessary.
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from OFFENCES AND PUNISHMENT, Chapter XV
Punishment for provision of unlicensed services
64. (1) Save as otherwise provided in this Act, any person who, without a
license, owns or provides any network infrastructure facility or provides
any communication service or knowingly assists in the transmission or
distribution of such service in any manner including,-
(a) collection of subscription for his principal,
(b) issuing of advertisements to such service,
(c)dealing in or distribution of equipment for decoding programmes,
shall be punishable with imprisonment which may extend up to five years, or
with fine which may extend up to rupees five crores and in subsequent
offence such fine may extend to rupees ten crores, or with both.
(2) Any person who, without the permission of the service provider and
with the intent to defraud, diverts any signal or decodes any content or
deals in decoding equipment for such purpose shall be punishable with
imprisonment which may extend upto five years, or with imprisonment which
may extend to five years and with fine which may extend upto rupees five
crores and in subsequent offences to a like term of imprisonment and to
fine which may extend to rupees ten crores.
(3) Any person who, knowingly benefits from any unauthorised diversion or
tampering with any communication service or network infrastructure facility
with the knowledge that such service or facility is unauthorized or
tampered, shall be punished with imprisonment for a term which may extend
to two years, or with fine which may extend to rupees two crores, or with both.
(4) Any person who, abets or induces the making of any unauthorised
diversion or tampering with any communication service or network
infrastructure facility shall be punished with imprisonment for a term
which may extend to two years, or with fine which may extend to rupees two
crores or with both.
(5) Any person who, having already been convicted of an offence under
sub-section (3) or sub-section (4) is again convicted thereunder, shall on
every such subsequent conviction, be punished with imprisonment for a term
which shall not be less than six months but which may extend to five years,
and with fine which may extend to rupees five crores or both.
Punishment for possession of wireless equipment or use of spectrum in
contravention of the Act
65. (1) Any person,-
(a) who possesses any wireless equipment in contravention of the
provisions of section 5;
(b) who uses a radio frequency which he is not authorised to use under
this Act,
shall be guilty of an offence and shall be punishable with imprisonment
which may extend to three years or with fine which may extend to rupees two
crores, or with both.
(2) When any person is convicted for an offence punishable under this
section, all wireless equipments or any part thereof in respect of which
the offence has been committed, shall be forfeited to the Central Government.
(3) Any wireless equipment confiscated which has not been claimed by
anybody shall be the property of the Central Government.
(4) Any officer specially authorised by the Central Government or the
Commission in this behalf may search any building, vehicle, vessel or place
in which he has reason to believe that any wireless equipment in respect of
which an offence punishable under this section has been committed is kept
or concealed and take possession thereof.
Punishment for sending obscene or offensive messages
66. Any person who-
(a) sends, by means of a communication service or a network infrastructure
facility, any content that is grossly offensive or of an indecent obscene
or menacing character; or
(b) sends by those means, for the purpose of causing annoyance,
inconvenience or needless anxiety to another, content that he knows to be
false or persistently makes use for that purpose of a communication service
or a network infrastructure facility,
shall be punishable with imprisonment for a term which may extend upto
three years or with fine which may extend to rupees two crores or with both.
Attempt to commit offences
67. Whoever attempts to commit or abets the commission of any offence,
under Chapter XIV or under this Chapter shall be deemed to have committed
such offence and shall be punished with the same punishment provided for
such offence.
Court competent to try offences.
68. No court inferior to that of a Court of Session shall try any offence
under this Act.
Offences to be cognizable.
69. Notwithstanding anything contained in the Code of Criminal Procedure
1973 every offence punishable under this Act shall be cognizable.
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Provision for State Take Over of Communication Networks
from MISCELLANEOUS, CHAPTER XVII
Taking over control and management of Communication Service or network
infrastructure facility in public interest.
72.(1) In the event of war or any calamity of national magnitude, the
Central Government may by notification for a limited period, in public
interest, take over the control and management of any communication service
or any network infrastructure facility connected therewith, suspend its
operation or entrust any agency of that Government to manage it in the
manner directed by the Government for such period as provided for in the
notification.
(2) If it appears necessary or expedient to do so, the Central
Government may, in public interest, at any time request the Commission to
direct any licensee to--
(a) transmit in its broadcasting service specific announcements, in such a
manner as may be considered necessary;
(b) stop any broadcasting service which is prejudicial to sovereignity or
integrity of India, security of the State, friendly relations with foreign
States, or to public order, decency or morality, or communal harmony.
(3) On the issue of such directions by the Commission it shall be the
duty of the licensee to ensure strict observance of such directions.
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Shuddhabrata Sengupta
SARAI: The New Media Initiative
Centre for the Study of Developing Societies
29, Rajpur Road, Delhi 110 052, India
www.sarai.net
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