Regulatory Oversight for OTT Services in India
The Telecom Regulatory Authority of India (TRAI) is considering bringing over-the-top (OTT) services like Facebook, WhatsApp, X, Instagram, and Signal under a regulatory framework. TRAI is planning to propose recommendations for these platforms.
Establishing a Regulatory Framework for OTT Services
TRAI Chairman Anil Kumar Lohti announced that the telecom regulator will hold open house discussions to develop a regulatory mechanism for OTT services. This move is noteworthy as it comes shortly after these services were excluded from regulation in a recently enacted telecom law.
Lohti mentioned that the ongoing consultation on OTT communication will be completed and recommendations will be provided. He added, “I know we have an ongoing consultation on OTT communication. In the past few months, we have been addressing pending issues, and OTT communication is also on our agenda.”
Addressing Concerns
Lohti clarified that the OTT consultation was initiated based on a parliamentary committee’s recommendation and will result in actionable recommendations. He noted that which act it becomes part of and which ministry or regulator handles it is a separate issue.
Previously, in December last year, the Lok Sabha passed the Telecommunications Bill, 2023, aiming to amend and consolidate laws related to telecommunication services, network operations, spectrum assignment, and related matters. This bill replaced the Indian Telegraph Act of 1885 and the Wireless Telegraphy Act of 1933.
Industry bodies like the Internet and Mobile Association of India (IAMAI) and Broadband India Forum (BIF) have welcomed this bill. However, some MPs and technology activists have raised concerns about the inclusion of “online services” such as OTT messaging, stringent user verification norms, and fears of increased surveillance.
The Internet Society commented, “The Bill must contain provisions for distinguishing between traditional telecom services and Internet-based services,” following the bill’s passage.
