OTT Apps Not Covered Under Telecom Bill, Telecom Minister Reportedly Says

Over-the-top (OTT) apps or companies won’t be beneath the ambit of the newly handed Telecommunications Invoice 2023, telecom minister Ashwini Vaishnaw advised ET Telecom. The minister’s assertion comes days after Parliament handed the brand new telecom invoice that replaces three older legal guidelines, together with the together with the 138-year-old Indian Telegraph Act. Provisions beneath the brand new invoice cut back the powers of the Telecom Regulatory Authority of India (TRAI) and provides the federal government unprecedented powers, together with the flexibility to take over telecom companies within the curiosity of nationwide safety.

After the Telecommunications Invoice (2023) was handed on Thursday, considerations have been raised associated to elevated scrutiny and interference from the federal government, if OTT communication apps like WhatsApp and Sign have been included beneath the ambit of the brand new telecommunications invoice, that’s awaiting the President’s assent, earlier than it turns into regulation.

“[…]There isn’t a protection of OTT within the new telecom invoice handed by the Parliament,” the minister advised the publication, explaining that these OTT apps are presently coated by the Data Know-how Act, 2000 and can proceed to be regulated by the identical regulation that’s overseen by the Ministry of Electronics and Data Know-how (MeitY).

Earlier this week, Meta reportedly expressed considerations over the telecom invoice in an inner e mail to colleagues from Shivnath Thukral, Director and Head of India Public Coverage at Meta. The revised model of the telecommunications invoice that was handed by Parliament doesn’t include and references to OTT or OTT platforms, however mentions phrases like ‘telecommunication companies’, ‘messages,’ and ‘telecommunications identifier,’ which might additionally apply to OTT platforms.

The telecom invoice is now ready the President’s assent earlier than it turns into a regulation — it was authorised within the Rajya Sabha by way of a voice vote on Thursday, a day after it was handed by the Lok Sabha. The invoice is ready to interchange the Indian Telegraph Act of 1885, the Wi-fi Telegraphy Act of 1933, and the Telegraph Wires (Illegal Possession) Act of 1950.