SUMMARY
- TRAI calls for structured regulation of OTT platforms like WhatsApp and Telegram due to security and spam concerns.
- DoT resists regulating OTTs, citing the Telecommunications Act 2023, which does not classify them as telecom services.
- The debate continues over whether OTT platforms should be regulated like traditional telecom services.
India’s telecom regulator, the Telecom Regulatory Authority of India (TRAI), has proposed structured regulation for over-the-top (OTT) communication platforms such as WhatsApp, Telegram, and Signal, following concerns from law enforcement agencies and telecom operators about security and spam control. TRAI Chairman Anil Kumar Lahoti shared this perspective during the India Mobile Congress 2024, emphasizing the need for a balanced regulatory approach that fosters innovation while addressing the concerns of traditional telecom providers.
Lahoti highlighted the challenges of regulating OTT platforms, particularly regarding spam control and online scams, which have been raised by telecom operators. However, the Department of Telecommunications (DoT) has so far resisted calls to regulate OTT services, stating that platforms like WhatsApp and Telegram do not fall under the purview of the Telecommunications Act 2023. OTT service providers argue that they are already governed by the IT Act and intermediary rules, sparking ongoing debate.
Regulatory Challenges
One of the primary challenges is jurisdictional ambiguity, as neither TRAI nor DoT has direct authority over OTT platforms, while telecom companies continue to lobby for the “same-service, same-rule” principle. This principle advocates for communication apps to be regulated similarly to traditional telecom services, a stance that OTT platforms resist, citing their current governance under the IT Act.
According to the Telecommunications Act 2023, “telecommunication” involves the transmission of messages through wire, radio, or electromagnetic systems. OTT platforms, however, use data packets managed by telecom companies, which officials argue do not meet the technical requirements for regulation under the Act.
