Telecom Bill 2023 OTT Apps Not Covered Under New Law Relief for Meta WhatsApp Signal and More All Details

Over-the-top (OTT) apps or services will not be under the purview of the newly passed Telecom Bill 2023. This information was given to ET Telecom by Telecom Minister Ashwini Vaishnav, days after Parliament passed the new Telecom Bill. The new bill replaces three old laws, including the 138-year-old Indian Telegraph Act. The provisions under the new bill reduce the powers of the Telecom Regulatory Authority of India (TRAI) and give unprecedented powers to the government, including the ability to take over telecom services in the interest of national security.

Following the passage of the Telecom Bill (2023) on Thursday, concerns were raised regarding increased scrutiny and interference from the government over the inclusion of OTT communication apps like WhatsApp and Signal under the ambit of the new Telecom Bill, which will be approved by the President before it becomes law. Awaiting consent.

“[…] There is no coverage of OTT in the new telecom bill passed by Parliament,” the minister told the publication, explaining that these OTT apps are currently covered under the Information Technology Act, 2000 and will continue to be regulated by the same law. It is done by the Ministry of Electronics and Information Technology (MeitY).

Earlier this week, Meta had reportedly expressed concerns over the telecom bill in an internal email to colleagues of Shivnath Thukral, director and head of India public policy at the company. The amended version of the Telecom Bill passed by Parliament does not reference OTT or OTT platforms, but mentions terms such as 'telecommunications services', 'messages' and 'telecommunications identifiers', which may apply to OTT platforms as well.

The Telecom Bill now awaits the President's assent before becoming law – it was cleared by voice vote in the Rajya Sabha on Thursday, a day after it was passed by the Lok Sabha. The Bill is set to replace the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933 and the Telegraph Wires (Unlawful Possession) Act of 1950.