In Short:
Telecom operators in India, including Reliance Jio, Bharti Airtel, and Vodafone Idea, have urged the Trai regulator to include messaging apps like WhatsApp and Telegram in the new Telecommunications Act. They argue that regulating these services would ensure better security, privacy, and consumer protection, while allowing for law enforcement oversight and improved management of cybersecurity threats.
Telecom Operators Call for Regulation of OTT Communication Services
New Delhi: Telecom operators have made a significant push to include over-the-top (OTT) applications such as WhatsApp, Signal, and Telegram within the regulatory framework established by the new Telecommunication Act. This development follows their recent submission to the Telecom Regulatory Authority of India (Trai), where they collectively advocated for these communication apps to be licensed under the Act.
Industry Feedback on Consultation Paper
The COAI highlighted in their submission, “As per our understanding, OTT Communication services are covered under the new Telecom Act as an access service.”
Definitions and Regulatory Needs
Reliance Jio emphasized that the terms ‘message’ and ‘telecommunication service’ outlined in the Telecommunication Act, 2023 encompass various modes of communication, including those facilitated by OTT platforms over the public internet.
In making their case, Reliance Jio stated, “To ensure uniform regulations for similar services, it is crucial to bring OTT communication service providers under Access Services authorization.”
Concerns Regarding Oversight
Bharti Airtel pointed out that the broad definition of ‘telecommunications’ within the Act permits the inclusion of OTT communication services. They noted, “While license conditions allow for monitoring traditional telecom communications by law enforcement, OTT communications remain unregulated, complicating law enforcement efforts and crime prevention.”
The telecommunications provider noted that the established safeguards regarding customer data in traditional telecom services do not extend to OTT providers. This situation is particularly concerning given that many OTT servers are located outside of India.
Importance of Regulatory Oversight
Airtel emphasized the necessity for consistent security, privacy, and consumer protection protocols across all forms of interpersonal communication, whether person-to-person or business-related.
They added, “An authorization regime would grant the government the capacity to monitor and assess traffic data generated by OTT services. This oversight is critical for identifying potential cybersecurity threats and ensuring compliance with national security and public safety mandates.”
Consumer Protection Measures
Vodafone Idea echoed these sentiments, noting that the explosive growth of OTT services globally warrants their inclusion within the regulatory framework. Such regulation could safeguard consumers by establishing minimum standards for application quality, enhancing data privacy and security, and creating a clear process for consumer grievance redressal.
