OTT apps excluded from Telecommunications Bill 2023, says Ashwini Vaishnaw

Telecom Minister Ashwini Vaishnaw has clarified to ET Telecom that the newly enacted Telecommunications Bill 2023 will not encompass over-the-top (OTT) apps or services. This statement follows the recent passage of the new telecom bill by Parliament, which supersedes three previous laws, including the Indian Telegraph Act, which is 138 years old. The new bill curtails the authority of the Telecom Regulatory Authority of India (TRAI) and grants the government extraordinary powers, such as the ability to seize control of telecom services for national security purposes.

Following the passage of the Telecommunications Bill (2023) on Thursday, there were concerns about potential increased government oversight and intervention if OTT communication apps like WhatsApp and Signal were included under the new telecommunications bill, which is currently awaiting the President’s approval to become law.

The minister assured the publication that the new telecom bill passed by Parliament does not include OTT. He explained that these OTT apps are presently governed by the Information Technology Act, 2000 and will continue to be regulated under the same law, which falls under the jurisdiction of the Ministry of Electronics and Information Technology (MeitY).

Earlier this week, Meta reportedly voiced concerns about the telecom bill in an internal email from Shivnath Thukral, Director and Head of India Public Policy at Meta. The updated version of the telecommunications bill passed by Parliament does not specifically mention OTT or OTT platforms. However, it does include terms such as ‘telecommunication services’, ‘messages,’ and ‘telecommunications identifier,’ which could potentially apply to OTT platforms.

The telecom bill is now awaiting the President’s approval to become law. It was endorsed in the Rajya Sabha via a voice vote on Thursday, following its approval by the Lok Sabha the previous day. The bill is slated to supersede the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.