Telecom Minister Ashwini Vaishnaw has confirmed that over-the-top (OTT) players or applications will not be covered under the new telecom bill. The regulation of OTTs will continue to be governed by the Information Technology Act of 2000. This announcement comes as a relief for app makers and activists who had expressed concerns about the possibility of these platforms being included under the new telecom bill.
Vaishnaw, who is also the minister for electronics and IT, as well as railways, assured that the new telecom bill that was recently passed by Parliament does not have any provisions related to the regulation of OTT players. This means that popular communication platforms such as WhatsApp, Telegram, and Signal, which fall under the category of OTT players, will not be subject to telecom regulations.
The clarification from the telecom minister is expected to address the apprehensions raised by internet activists about the broader definition of telecommunications mentioned in the Telecommunications Bill. The bill, which has already been passed by both the Lok Sabha and the Rajya Sabha, is currently awaiting presidential assent.
Previously, some lawyers had argued that due to the general definition of telecommunications in the bill, it was uncertain whether OTT players providing communication services would also be covered. However, with the latest statement from the telecom minister, it is now clear that these platforms will continue to be regulated under the Information Technology Act of 2000.
The clarification has been well-received by industry players. Meta, the parent company of WhatsApp, stated that it welcomed the exclusion of OTTs from the telecom bill and believes that this decision will further enhance the digital ecosystem and internet economy in the country.
The Broadband India Forum (BIF), an industry body comprising major tech companies such as Amazon, Google, Meta, Netflix, and OneWeb, also expressed its support for the clarification. BIF stated that defining telecommunication services clearly and excluding OTTs from telecom regulations will promote higher internet and broadband penetration, thereby contributing to the growth of the digital economy.
The Telecommunications Bill, 2023, is set to replace three outdated laws, including the Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933. The definition of telecommunications in the new bill is based on the Indian Wireless Telegraphy Act, 1933, which includes the transmission and reception of various forms of communication.
Overall, the telecom minister’s clarification provides much-needed certainty for OTT players and emphasizes that the regulation of these platforms falls under the jurisdiction of the Ministry of Electronics and Information Technology.
