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Call, messaging apps must comply with rules for nation's security like telcos: COAI

The Cellular Operators Association of India (COAI) said it is misleading to demand to exclude over-the-top (OTT) communication apps from the Telecommunications Act 2023 as they are subject to other regulations because various non-sectoral rules apply on telecom operators as well

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New Delhi: Telecom operators expect internet calling and messaging apps like WhatsApp, Google Meet, and Telegram to comply with rules in the same manner as all service providers do, industry body COAI said on Monday.

The Cellular Operators Association of India (COAI) -- whose members include Reliance Jio, Bharti Airtel and Vodafone Idea, among others -- said it is misleading to demand to exclude over-the-top (OTT) communication apps from the Telecommunications Act 2023 as they are subject to other regulations because various non-sectoral rules apply on telecom operators as well.

"COAI would like to state that the 'Security of the Country' is of utmost importance and in this regard, all communication service providers, including OTT-based communication services, should adhere to the requisite directives of the country as done by the Telecom Service Providers," COAI Director General SP Kochhar said.

He said that telecom operators have invested heavily in setting up the infrastructure for lawful interception and monitoring.

"However, despite these investments, the unregulated application-based communications services completely bypass this apparatus, which is a big security threat to the nation," Kochhar said.

He said that the exponential growth of OTT services and unregulated proliferation of communication services is creating a heady mix of security threats, while also creating an uneven level playing field from the regulated and law-abiding service providers.

Kocchar said that some argue that OTT communication services should not be subject to the Telecom Act, 2023, claiming that they are already regulated under various legislations such as the IT Act, 2000, Indian Penal Code, 1860, Consumer Protection Act, 2019, and DPDP Act, 2023.

"This argument is completely misleading as the requirement pertains purely to regulatory oversight of communication services expressly covered under the Telecom Act, 2023. It is important to highlight that TSPs, which are governed by the Telecom Act, are also regulated by all the above legislations as prescribed by Parliament," Kochhar said.

Telecom operators have been demanding that the government should provide a level playing field by applying the same rules on calling and messaging apps as it is applicable to them. 

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