In a recent statement, Telecom Minister Ashwini Vaishnaw clarified that over-the-top (OTT) players or applications will not be covered under the new telecom bill. Instead, they will continue to be regulated by the Information Technology Act of 2000. This announcement follows concerns raised by app makers and activists regarding the broad definition of ‘telecommunications’ in the new bill.
Vaishnaw, who also serves as the Minister for Electronics and IT, as well as Railways, emphasized that OTT has been regulated by the IT Act of 2000 and will remain so. He stated, “There is no coverage of OTT in the new telecom bill passed by the Parliament.”
This clarification comes in response to fears raised by internet activists and some legal experts who argued that the broad definition of telecommunications in the Telecommunications Bill might encompass OTT players providing communication services, such as WhatsApp (owned by Meta), Telegram, and Signal.
The government’s stance has been welcomed by industry representatives. A spokesperson for Meta expressed support for the exclusion of OTTs from the telecom bill, stating that it would benefit the digital ecosystem and internet economy in the country. The Broadband India Forum (BIF), which includes members like Amazon, Google, Meta, Netflix, and OneWeb, also praised the clarity provided by the government.
BIF President TV Ramachandran remarked, “The bill is very clear. We believe it has been clarified by the government that OTTs are already covered by the IT Act and overseen by MeitY (the ministry of electronics and information technology). I do not think there is any doubt.”
Once assented to by the President, the Telecommunications Bill, 2023, will replace three archaic laws, including the Telegraph Act, 1885, and the Indian Wireless Telegraphy Act, 1933. The bill’s definition of telecommunications, derived from the Indian Wireless Telegraphy Act, 1933, includes the transmission or reception of signs, signals, writing, images, sounds, and intelligence of any nature.
This clarification by the government is expected to bring reassurance and clarity to the regulation of OTT services, addressing concerns and ensuring a conducive environment for the growth of the digital economy.
