DoT’s new act to not regulate OTT communication apps like WhatsApp and Telegram

New Delhi: DoT has indicated that it will not regulate the OTT communication apps such as WhatsApp and Telegram under the proposed new Act, called the Telecommunications Act, 2023, although the telecom operators have been pushing for parity in the rules between traditional telecom services and OTT apps.

According to the DoT officials, under the Act, "telecommunication" is defined as the transmission of messages by wire, radio or electromagnetic system, which, in essence, keeps OTT apps out of its ambit. 

Because OTT apps use data carried over telecom networks for which already users pay, they are not classic telecom services under the said Act.

The focus of the Act remains on licensed telecom operators. There may be a varied interpretation of the Act, but it nonetheless does not cover the regulation of OTT applications. Anything pertaining to their regulation would fall under MeitY through the Digital India Act or any other law.

COAI said that OTT apps must fall under the "access service" category according to the new Act, but the stance of the DoT, at least for the present, seems to indicate that this is not a priority.