Telecom Bill 2023 Excludes OTT Services, Confirms Minister Ashwini Vaishnaw

Over-the-top (OTT) platforms like Netflix, Hotstar, and Amazon Prime Video can rejoice! The Indian government has confirmed that OTT services will not fall under the purview of the newly passed Telecommunications Bill 2023.

This clarification comes after concerns arose about increased government oversight and potential interference if OTT communication apps were included within the bill's scope.

Clarifying the Ambiguity:

• Ministerial Assurance: Telecom Minister Ashwini Vaishnaw explicitly stated, "There is no coverage of OTT in the new telecom bill passed by the Parliament." This puts to rest any doubts about the government's intentions regarding OTT regulation.

• Existing Framework Remains: OTTs will continue to be governed by the Information Technology Act, 2000, which falls under the jurisdiction of the Ministry of Electronics and Information Technology (MeitY). This ensures familiar regulations and avoids any unnecessary disruption for these platforms.

Addressing Concerns:

• Meta's Apprehension: Earlier, Meta, the parent company of WhatsApp and Facebook, expressed concerns about the bill in an internal email. However, the absence of any explicit references to OTT platforms in the final version of the bill seems to have alleviated these worries.

• Potential for Misinterpretation: Although the bill mentions terms like "telecommunication services," "messages," and "telecommunications identifier," these are intended for traditional telecom services and do not extend to OTT communication apps.

What's Next for the Bill and the Telecom Landscape?

• Presidential Assent: The bill currently awaits the President's assent to become law. Once approved, it will replace three outdated telecom laws, marking a significant step in India's digital transformation journey.

• Focus on Traditional Telecom: The bill primarily focuses on regulating traditional telecom services, including mobile networks, internet providers, and cable operators. It aims to bring greater transparency, efficiency, and security to the sector.

Industry Concerns and Meta's Perspective

Amidst these developments, Meta reportedly expressed apprehensions internally over the telecom bill's impact. The revised bill does not directly mention OTT platforms but uses terms like 'telecommunication services,' 'messages,' and 'telecommunications identifier' that could have implications for OTT platforms.

Awaiting Presidential Assent

The bill awaits the President's assent to become law after being cleared by both the Rajya Sabha and the Lok Sabha. It aims to replace archaic legislations like the Indian Telegraph Act of 1885, the Wireless Telegraphy Act of 1933, and the Telegraph Wires (Unlawful Possession) Act of 1950.

Conclusion: A Sigh of Relief for OTTs and a Clearer Path for Telecom Regulation

The exclusion of OTTs from the Telecom Bill 2023 provides much-needed clarity and stability for the thriving Indian OTT market. This decision also aligns with the government's stated commitment to fostering a conducive environment for digital innovation and economic growth.

With the new telecom law in place, India can move forward in building a robust and future-proof telecommunications infrastructure that benefits all stakeholders.