OTT apps used for communication, such as Signal and WhatsApp, are already encompassed by the Information Technology Act of 2000.
Over-the-top (OTT) apps or services will not be under the ambit of the newly passed Telecommunications Bill 2023, telecom minister Ashwini Vaishnaw told ET Telecom. The minister’s statement comes days after Parliament passed the new telecom bill that replaces three older laws, including the including the 138-year-old Indian Telegraph Act. Provisions under the new bill reduce the powers of the Telecom Regulatory Authority of India (TRAI) and give the government unprecedented powers, including the ability to take over telecom services in the interest of national security.
After the Telecommunications Bill (2023) was passed on Thursday, concerns were raised related to increased scrutiny and interference from the government, if OTT communication apps like WhatsApp and Signal were included under the ambit of the new telecommunications bill, that is awaiting the President’s assent, before it becomes law.
“[…]There is no coverage of OTT in the new telecom bill passed by the Parliament,” the minister told the publication, explaining that these OTT apps are currently covered by the Information Technology Act, 2000 and will continue to be regulated by the same law that is overseen by the Ministry of Electronics and Information Technology (MeitY).
Earlier this week, Meta reportedly conveyed apprehensions about the telecom bill in an internal email sent by Shivnath Thukral, Director and Head of India Public Policy at Meta, to colleagues. The updated version of the telecommunications bill, which has received parliamentary approval, lacks explicit references to OTT or OTT platforms. Instead, it incorporates terms like ‘telecommunication services,’ ‘messages,’ and ‘telecommunications identifier,’ suggesting potential applicability to OTT platforms.
The telecom bill is currently awaiting the President’s assent to become law, having been endorsed through a voice vote in the Rajya Sabha on Thursday, following its passage in the Lok Sabha. This bill is slated to replace the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.