OTT Players Can Breathe Easy for Now

The government does not have any plans to crackdown on the OTT channels when it brings forth the proposed Telecom Bill in the Parliament soon. Media reports suggest that the department of telecommunications would only regulate the communication apps such as WhatsApp and Telegram. 

A report published in the Economic Times says the DoT would be bringing regulation only to ensure the national security perspective and has no plans to regulate other aspects of the business such as license fees that could adversely affect the growth of the industry, which has been on an upswing since the pandemic-forced lockdowns. 

Telecom Bill is up for comments 

Readers would be aware that the draft Telecom Bill has been made available for public consultation and the government has committed itself to make requisite changes based on the feedback received. One of the concerns that users brought up related to how the government defined the OTT communication services, which is what they are now seeking to clarify. 

The document would be available to the general public for comments till October 20, after which the DoT would take them up for scrutiny and internal consultation. The Bill had generated considerable concern that OTT players in the streaming business could be brought under a licensing regime, given that its definition appeared to be broad enough to include multiple internet-enabled services including delivery applications. 

What does this signify though?

The Draft Bill has defined telecom services as inclusive of OTT communications, satellite-based communications, internet and broadband services, and in-flight and maritime connectivity. What the government is now attempting to clarify is that its remit is to review these services from a national security perspective and not from other operational matters. 

In fact, the Telecom and Communications minister Ashwini Vaishnaw had repeatedly clarified that the OTT regulation did not necessarily mean that apps that provide communication services would be brought under the telecom law and not those that offer streaming or broadcasting services to the people.

Officials have gone to town stating that even the proposed regulations only govern the security of the country as well as consumer protection. They have taken pains to explain that by getting some of these apps under its ambit, users may just need to fulfill KYC obligations as is the case when one applies for a mobile service or opens a bank account.

No need for worry, says the minister

The officials also confirmed that there would be no provisions under the new Bill to force decryption of messages though based on a judgment of the Supreme Court, a process or mechanism for intercepting such messages could be on the anvil, again from the point of view of national security. 

Vaishnaw had pointed out that in recent years, the distinction between voice and data calls had ceased, which is why the latter also needs to undergo the KYC provisions. The new Bill, when presented to Parliament and approved, would replace the Indian Telegraph Act, 1885, the Indian Wireless Telegraph Act of 1933 and the Telegraph Wires Act of 1950.