In their latest submission to the Telecom Regulatory Authority of India (TRAI), telecom companies have collectively called for over-the-top (OTT) apps like WhatsApp, Signal, and Telegram to be brought under the licensing regime of the new Telecommunications Act. Reliance Jio, Bharti Airtel, Vodafone Idea, and the industry body COAI have all expressed in their comments on the consultation paper that OTT communication apps should be regulated as services requiring authorization under the Act.
Reliance Jio pointed out that the definition of ‘message’ and ‘telecommunication service’ under the newly enacted Telecommunications Act, 2023, encompasses all forms of telecommunication services, including those provided via OTT platforms hosted on the public internet. “To ensure consistent regulation across similar services, it’s crucial to bring OTT communication service providers under Access Services authorization,” Reliance Jio stated.
Bharti Airtel highlighted that the Telecom Act’s broad definition of ‘telecommunications’ covers any form of communication—whether it be sign, signal, writing, text, image, sound, video, data stream, or intelligence—transmitted via telecommunication. This, Airtel argued, leaves ample scope for the inclusion and regulation of OTT communication services under the Act. Airtel also noted that while traditional telecom services are subject to monitoring by law enforcement agencies, OTT communication services are not, which complicates efforts in law enforcement and crime prevention.
Airtel further emphasized that while telecom operators are subject to checks and balances regarding customer data, OTT services often operate without the same scrutiny, particularly since many of their servers are located outside India. “It is therefore critical that security, privacy, and consumer protection measures are uniformly applied across all forms of interpersonal communication, whether peer-to-peer or business-related,” Airtel said. The company added that an authorization regime would allow the government to monitor and analyze traffic data from OTT services, which could be key in identifying and mitigating potential cybersecurity threats, as well as ensuring compliance with national security and public safety requirements.
Vodafone Idea echoed these sentiments, stating that the rapid global growth of OTT services warrants their inclusion in the regulatory framework to safeguard consumers. This could involve setting minimum standards for application quality, ensuring data privacy and security, and establishing a clear mechanism for consumer grievance redressal.
