What are the laws or legislations governing telecommunications converged with information technology ?

HONG KONG

There are various laws - called Ordinances - and their subsidiary legislations, which have been amended in face of fast changing ICTs environment. The current laws and regulations relating to ICTs - especially in the era of electronic commerce - include, but not limited to, the followings:

• The Telecommunications Ordinance (Chapter 106), 2000
• The Broadcasting Ordinance (Chapter 562)
• The Personal Data (Privacy) Ordinance (Chapter 486), 1995
• The Electronic Transactions Ordinance (Chapter 553), 2000
• The Telecommunications Regulations, 2000
• The Copyright Ordinance, 1997
• The Patents Ordinance, 1997
• The Trade Marks Ordinance (not yet operation)
• The Intellectual Property Ordinance, 1998
• The Control of Obscene and Indecent Articles Ordinance, 1998

INDIA

The origin of telecommunication-related law goes back to 1885, when the Indian Telegraph Act was entered into force in India. Aiming to promote, develop and regulate the carriage and content of communications, the relevant laws were also taken into force: e.g., The Indian Telegraph Act (1885) and The Indian Wireless Telegraphy Act (1933).

Thereafter, there have been various laws and regulations adopted especially from the 1990s so as to reflect trends or changes in the ICT environment.

• The Indian Telegraph Act, 1885
• The Indian Wireless Telegraphy Act, 1933
• Telegraph Wire Unlawful Possession Act, 1950
• The Cable Television Networks [Regulation] Act, 1995
• The Telecom Regulatory Authority of India Act, 1997
• The Information Technology Act, 2000
• The Information Technology [Certifying Authority] Rules, 2000
• The Cyber Regulations Appellate Tribunal [procedure] Rules, 2000
• The Information Communication and Entertainment Bill, 2000
• The Convergence Bill (2002)

In accordance with the Telecom Regulatory Authority of India Act (1997 & revised in 2000), India is also well on its way to having an independent authority to regulate the telecommunication and its related sectors.

Various concerns including security were also reflected in the Information Technology Act (2000) so as to accommodate convergence, e-commerce in particular. Moreover, a group of Ministers on convergence, headed by the Finance Minister, gave its final approval to the draft Communications Convergence Bill, which is expected to be in place at latest by 2002. Although this action or initiative brings India one-step closer to a clear framework for convergence, there is no clear indication of convergence at institutional levels as yet.

Nonetheless, a draft envisages setting up of the Communication Commission of India, which is anticipated to be vested with the powers to grant licenses, manage spectrum, resolve disputes, as well as determine the conditions for fair, equitable and non-discriminatory access to network facility and service. It would also have the powers as vested in a civil court.