On 28 August 2024, the Department of Telecommunications released the draft Temporary Suspension of Telecommunication Services Rules, 2024. These draft rules supersede the existing “Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017” and the “Temporary Suspension of Telecom Services (Amendment) Rules, 2020,” both established under the Indian Telegraph Act, 1885.
A preliminary comparative analysis by SFLC.in suggests a degree of continuity between the 2017 and 2024 Rules. It is important to note that neither the previous nor the current rules address the maximum permissible duration for uploading an order on a public portal. Additionally, while the landmark case of Anuradha Bhasin v. Union of India established comprehensive safeguards, these are only referenced in the new rules and not fully incorporated. The DoT’s draft rules for temporary telecommunication service suspensions propose a revised framework with specific requirements for justification and duration. However, concerns remain regarding the absence of a timeframe for public order access and the incomplete inclusion of established safeguards.
SFLC.in has submitted its objections and suggestions on the draft rules.
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