DoT confirms it does not intend to regulate OTT players like WhatsApp

The Department of Telecommunications (DoT) intends to refrain from regulating over-the-top (OTT) communication platforms such as WhatsApp and Telegram, among other applications. The DoT has confirmed that it does not plan to regulate such OTT players under the same rules as telecom providers, although they may still be subject to other laws. The explanation comes amid a renewed campaign by telecom service providers to have regulators regulate communication apps using the same-service, same-rule approach.

Operators are also interpreting the new Act's definition of telecommunication to encompass communication applications, which OTT players deny, claiming that they are already controlled under the Information Technology Act. According to the Telecommunications Act of 2023, 'telecommunication' refers to the transmission, emission, or reception of any message via wire, radio, optical, or other electromagnetic systems, regardless of whether such messages have been subjected to rearrangement, computation, or other processes by any means during their transmission, emission, or reception.

Telcos have claimed that since these applications provide similar services, they should be subject to regulation. OTT players and IT businesses have aggressively resisted such a proposal. WhatsApp, for example, may be used to make calls and send texts, as well as to access all of the telco services. Nevertheless, they are not required to obey the legislation governing these services.

Tech businesses have maintained that this is an unfair comparison because telecoms can access uninterrupted spectrum bandwidth, but OTT providers cannot. the telecom department has no plans to regulate OTT providers. OTT players are already regulated under the Information Technology Act, so they do not need to be controlled under the Telecom Act as well.

In a recent filing to the Telecom Regulatory Authority of India (TRAI), the Cellular Operators Association of India (COAI), which represents the country's private telecom carriers, stated that OTT communication services were "covered under the new Telecom Act as an access service".

The telcos have consistently urged that OTT players be subject to regulatory oversight. 

For the time being, tech businesses and OTT players should rest assured that the telecom department has no plans to control them or require them to pay a portion of their revenues to telcos.