The recently passed Telecommunications Bill 2023 in India has raised concerns about the regulation of over-the-top (OTT) apps and services. However, Telecom Minister Ashwini Vaishnaw has clarified that OTT apps will not be under the ambit of the new bill. This article examines the implications of the new bill and the exclusion of OTT apps.
The Telecommunications Bill 2023, which replaces three older laws including the Indian Telegraph Act, grants the government unprecedented powers in the telecom sector. It reduces the authority of the Telecom Regulatory Authority of India (TRAI) and enables the government to take over telecom services in the interest of national security. While concerns were raised about increased scrutiny and interference from the government, Vaishnaw assures that OTT apps are not included in the new bill.
According to Vaishnaw, OTT apps are currently regulated by the Information Technology Act, 2000 and will continue to be overseen by the Ministry of Electronics and Information Technology (MeitY). This means that OTT apps like WhatsApp and Signal will not fall under the purview of the new telecom bill. The clarification is significant as it alleviates concerns about government control and censorship of OTT communication platforms.
Earlier this week, Meta, the parent company of WhatsApp, reportedly expressed concerns about the telecom bill in an internal email. While the revised version of the bill does not explicitly mention OTT or OTT platforms, it includes terms like “telecommunication services,” “messages,” and “telecommunications identifier,” which could potentially be applied to OTT platforms.
The telecom bill has been passed by both houses of Parliament and is now awaiting the President’s assent before it officially becomes a law. Despite the exclusion of OTT apps, the bill’s provisions have sparked discussions about the government’s control over the telecom sector and its implications for national security.
The exclusion of OTT apps from the new Telecom Bill 2023 provides clarity on their regulation and alleviates concerns about government control and censorship. The bill, which grants the government unprecedented powers in the telecom sector, awaits the President’s assent before becoming law. While the bill does not explicitly mention OTT platforms, concerns remain about potential implications for their regulation. As the telecom industry continues to evolve, it is crucial to strike a balance between national security, regulatory oversight, and the growth of innovative communication technologies.
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