In the wake of the ‘leaked phone tapes’ controversy the government has decided to finally revise the financial penalty on such offences as it suddenly discovered that the current fine was as low as Rs 500 as it is as old as the Indian Telegraph Act, 1885. The revised amount has been suggested at Rs 10 lakh on unlawfully tapping any phone conversations which has not been duly authorised and subsequently leaking them to the media.
In a communication to the Prime Minister?s Office, the department of telecommunications (DoT) has said the Indian Telegraph Act, 1885 provides for penalties even for unlawfully attempting to learn messages under the section 24 wherein the imprisonment for a term which may extend to one year and with a fine which may extend to Rs 500 has been provided for. However, penalties prescribed in the Act under section are very low because those have been prescribed in 1885, hence they need to be enhanced.
The DoT has suggested that penalties for certain sections be increased. The move comes after certain magazines recently published conversations intercepted by government agencies between a owner of a public relations firm Niira Radia and several industry leaders, politicians and journalists. The Tata Group, one of the parties mentioned in the conversations has sought legal redressal from the publications in making public private conversations between individuals.
The DoT note also highlights that under the Telegraph Rule, there is a provision to destroy the copies of communication intercepted by the government in case the review committee, mandated to meet at least once in two months, finds that the interception is not in accordance with the provision of the Indian Telegraph Act and Rules.
While trying to discourage the repeat of any such act of leaking or making public any such private conversation in future, the DoT has completely ruled out any increase of liability on the telecom service providers, saying that the provisions already exist and are stringent enough.
?According to the Indian Telegraph Rules, a penalty of Rs 50 crore can be levied on the telecom service providers for breach of any licence terms and conditions. The interception and monitoring in accordance with law is one of the licensing conditions and hence this clause can also be invoked besides the penalty provision of the Act. Hence reasonable deterrent exists against unlawful interception and monitoring in the existing statutes and in the terms and conditions of the license issued to various telecom service providers,? the note has said.