Trai Advocates for OTT App Censorship

Nitin Konde, Varun Bhardwaj

17 Oct 2024 — 3 min read

TRAI Proposes Censorship for OTT Apps

Over-the-top (OTT) communication services like WhatsApp, Telegram, and Signal are subject to structured control, according to India's telecom regulator. Law enforcement organisations and telecom providers expressed worries about security and spam control, which prompted this call.

Speaking on the second day of the India Mobile Congress 2024, Anil Kumar Lahoti, chairman of the Telecom Regulatory Authority of India (Trai), said that although over-the-top (OTT) communication platforms have greatly benefitted businesses and consumers, legal concerns brought up by traditional telecom providers and law enforcement agencies indicate that these platforms ought to be governed by a formal regulatory framework, as per a media report.

Lahoti underlined that, given the cross-border nature of OTT services, regulators worldwide need to strike a balance between promoting innovation and upholding a just and competitive economy. This equilibrium is essential given the growing power of OTT platforms.

Challenges in Bringing OTT Communication Platforms Under Regulatory Umbrella

Sector analysts note that there have been challenges in reducing spam and online frauds on OTT platforms for both the Department of Telecommunications (DoT) and Trai. Since neither the DoT nor the Trai now have the power to take legal action against potential violators, this issue emphasises the jurisdictional challenges in regulating these platforms.

Instead, in accordance with the intermediate provisions of the IT Act, these platforms are governed by the Ministry of Electronics & IT. Telecom firms have expressed concern about the rise in spam on over-the-top (OTT) platforms. They contend that because OTT services are not governed by DoT or Trai, efforts to address these problems are still ineffective.

DoT Opposes Regulating Telegram and WhatsApp

The Department of Telecommunications (DoT), in contrast to Trai's regulatory drive, stated in August of this year that it has no plans to control over-the-top (OTT) communication platforms like Telegram and WhatsApp. This occurred while telecom companies persisted in advocating for the "same-service, same-rule" concept, contending that communication applications need to be subject to the same regulations as conventional telecom services.

Officials stated that over-the-top (OTT) services are exempt from the new Telecommunications Act of 2023. OTT communication platforms are being interpreted by operators as falling under the Act's definition of "telecommunication," yet this interpretation is still up for debate. OTT service providers, on the other hand, argue that they shouldn't be subject to extra regulation because they are already covered by the IT Act.

Telecommunications Act 2023

"Telecommunication" is defined as the sending and receiving of messages via wire, radio, optical, or electromagnetic networks in the Telecommunications Act 2023. According to officials, in order for a service to be included in this definition, message transmission must occur through a switch that is not connected to the network.

However, with OTT platforms, messages are conveyed via data packets, and telecom firms handle the switching of these packets; customers are already charged for this service. Hence, authorities contend that OTT platforms do not satisfy the technical parameters for Act-mandated regulation.