In December 2023, the telecommunications bill was passed by the parliament and also received presidential assent. But what was left unclear during the discussions of the parliament was whether the bill included over the top communication services like WhatsApp, Signal and Telegram or not. Many have mentioned that while the OTT services have not been mentioned by name, the definition of message under the bill is broad enough to allow for their inclusion.
The Act defines telecommunication as the “transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.” It further defines a message as “any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication.”
With the mention of “data stream” in the definition of messaging, one can suppose that messaging apps (like WhatsApp and Telegram), email services (like Gmail), and cloud services could come under the scope of telecom regulation. On December 23, 2023, Minister of Communications Ashwini Vaishnav spoke to the Economic Times and said that over the top (OTT) services are not covered under Telecommunication Bill,2023.
In this video, MediaNama journalist Kamya Pandey explains why there is a need for a legally binding clarification on the matter.
Watch the full video here:
Also Read:
- Unpacking The Key Highlights Of The Telecommunication Bill, 2023 Tabled In Lok Sabha
- Views: Is The Telecom Bill Truly As Progressive As Internet Body IAMAI Thinks?
- Telecom Bill Passed In Lok Sabha: Minister Side Steps Question On OTT
- Telecom Bill Passed By Rajya Sabha: MP Suggests Separate Regulation Of OTT Services
STAY ON TOP OF TECH POLICY: Our daily newsletter with the top story of the day from MediaNama, delivered to your inbox before 9 AM. Click here to sign up today!
