Telecom minister Ashwini Vaishnaw clarified that over-the-top (OTT) apps or services will not fall under the purview of the recently passed Telecommunications Bill 2023. This statement comes in response to concerns raised about increased governmental scrutiny and interference if popular communication apps like WhatsApp and Signal were included in the new bill. The bill, which aims to replace three older laws, including the 138-year-old Indian Telegraph Act, grants the government extensive powers, such as taking over telecom services in the interest of national security.
Minister Vaishnaw explained that the new telecom bill does not cover OTT apps, as they are already regulated by the Information Technology Act, 2000. These apps will consistently be overseen by the Ministry of Electronics and Information Technology (MeitY). The exclusion of OTT platforms from the telecommunications bill ensures that they will continue to operate under the existing regulatory framework.
Meta, the parent company of WhatsApp, reportedly expressed concerns regarding the telecom bill in an internal email sent by Shivnath Thukral, Director and Head of India Public Policy at Meta. However, the revised version of the bill passed by Parliament does not mention OTT or OTT platforms explicitly. Instead, it uses terms like “telecommunication services,” “messages,” and “telecommunications identifier,” which could theoretically apply to OTT apps.
The Telecom Bill (2023) has been approved by the Rajya Sabha through a voice vote, following its passage in the Lok Sabha. It now awaits the President’s assent before it can become a law. The bill aims to replace the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.
The new telecommunications bill has sparked concerns about the balance of power between the government and OTT platforms. With reduced powers for the Telecom Regulatory Authority of India (TRAI), the government will have unprecedented control over telecom services, including the ability to prioritize national security interests. While the exclusion of OTT apps from the bill may alleviate some anxieties, it also raises questions about the future of regulation and oversight in the rapidly evolving digital landscape.
The ongoing debate surrounding the telecommunications bill underscores the complexities of regulating services and technologies that transcend traditional boundaries. As digital communication continues to shape the way society interacts, it becomes crucial for lawmakers and policymakers to strike a delicate balance between security, privacy, and innovation. The exclusion of OTT platforms from the new bill highlights the recognition that these apps operate within a different regulatory framework and require separate considerations.
Telecom minister Ashwini Vaishnaw’s statement clarifying that OTT apps will not be covered by the Telecommunications Bill 2023 offers reassurance to users and companies operating in the sector. While concerns about increased government scrutiny persist due to the wide-ranging powers bestowed upon them by the bill, the exclusion of OTT platforms underlines the recognition of their unique regulatory requirements. As the bill awaits the President’s assent, the digital landscape continues to evolve, necessitating ongoing discussions on the intersection of technology, law, and society.