The Department of Telecommunications (DoT) has clarified that it does not plan to regulate over-the-top (OTT) communication platforms like WhatsApp and Telegram. Officials have stated that these apps do not fall under the definition of telecommunication as outlined in the new Act. This clarification comes as telecom companies renew efforts to push for regulations on communication apps, advocating for equal rules across services. Telecom operators argue that the new Act’s definition of telecommunication includes OTT apps, a stance opposed by the OTT platforms, which assert that they are already governed by the Information Technology Act.
“Interpreting the definition isn’t straightforward, which is why different parties have their own understanding,” an official told. “The DoT, however, does not intend to regulate OTT players.” The Telecommunications Act of 2023 defines “telecommunication” as the transmission, emission, or reception of messages via wire, radio, optical, or other electromagnetic systems, whether or not these messages have been processed during transmission.
One official explained that an electromagnetic system requires a switch independent of the network to transmit messages. In contrast, OTT services transmit messages via data packets, with switching done at the packet level, a service customers are already paying telecom providers for. Although the Act provides a broad definition of telecommunications, it primarily targets licensed telecom operators. In terms of security, the government will explore how such apps might be regulated and under which law. “The Ministry of Electronics and IT will decide whether these apps will fall under the Digital India Act or another legislation,” the official added.
