Ever since the pre-independence era, India has had separate laws to govern the communications’ chaos and confusion as different laws prescribe different procedures of regulation and control of communications services. In case of violation of the existing laws, different categories of punishments are laid down simultaneously for the same kind of offences, thereby making it difficult for the Indian judiciary to administer the laws and prescribe varied penalties in case of the differing nature of offences. The Communications Convergence Bill, 2001 was tabled in the Parliament with the intention of bringing legal regulation of all forms of communication including the Internet and other modern communication media under one big umbrella. This was aimed at clearing the air of uncertainty caused by different authorities and stakeholders working simultaneously in various fields without proper supervision and guidance. This paper critically analyzes the main features of this bill and tries to suggest that rapid enactment of this law will be a major breakthrough in the communications sector.

Traditionally, Indian legislature has been taking guidance from foreign legislatures to draft new bills. This is required when we are attempting to codify a subject matter which is technical and dynamic like information technology. Taking such assistance has many advantages—the technical jargon that we use would be identical with other developed nations, facilitating common understanding and identity of approach that in turn paves way for the unification of private laws. Secondly, we could visualize the future and predict possible dangers which would not have been possible otherwise to search for better remedies. This paper critically analyzes the Communications Convergence Bill, 2001 (hereafter referred to as ‘the bill’), which has its roots in the German Information and Communication Services Act, 1998, as well as in the British White Paper proposals. In the process of critically analyzing the bill, the legal premises of the bill are tested and amendment will be suggested which will suit the Indian Conditions of Law.

The Indian bill is a sweeping draft law that sets forth a regulatory framework for a convergent media environment that is intended to remain valid over time, technologies and industries. Like the German Information and Communication Services Act (LukDG), enacted in 1998, or the British White Paper proposing a cross-media regulatory authority (OFCOM), published in 2000, the purpose of this legislation is to overcome an outdated regime that treats media which performs the same function differently. For example, the e-mail viewed via television is different compared to that read on a laptop.

Law Review Journal, Communications Convergence Bill, Critical Study, Communications, Convergence in India, Like the German Information and Communication Services Act(LukDG), Content Application Providers, The Communications Commission of India (CCI).