In order to facilitate the development of new technologies, which brings telecommunications, broadcasting, and the Internet closer together, the regulatory frameworks governing these industries are being coordinated, and correspondingly modified, so that they are all focused on the same objectives.
1 Today, the ICT sector requires governments to undertake a broader perspective of law and regulation and assess the impact and interaction of telecommunications legislation with ICT related legislation, such as media/broadcasting legislation, content laws, intellectual property laws, and privacy laws. As shown in Table 4-8, several countries (
e.g., Hong Kong SAR and India) have adopted or are in the process of adopting ICT-related legislation.
Table 4-8: Snapshot of ICT Legislation in Hong Kong SAR and India2
|
Hong Kong SAR |
India |
|
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 in operation)
The Intellectual Property Ordinance, 1998
The Control of Obscene and Indecent Articles Ordinance, 1998 |
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 Communications and Entertainment Bill, 2000
The Convergence Bill, 2002 |
However, to achieve the benefits of the information society requires the adaptation of legal frameworks and in-depth coordination with the relevant sectors to develop integrated solutions to the regulatory challenges arising from convergence and the introduction of new technologies.
ENDNOTES
1 The Implications of Convergence for Regulation of Electronic Communications, OECD Working Party on Telecommunication and Information Services Policies, 12 July 2004, at 3-7.
2 OFTA Virtual Training Centre, ICT Legislations – FAQ, available at http://www.itu-coe.ofta.gov.hk/vtm/ict/faq/q2.htm