Delhi HC Asks TRAI To Expedite Talks With Stakeholders For OTT Regulation

Delhi High Court has asked the Telecom and Regulatory Authority of India (TRAI) to expedite the consultation process with stakeholders for over-the-top (OTT) communication services regulation.

In addition, the court has also asked the industry watchdog to suggest a suitable regulatory mechanism for OTTs such as WhatsApp, Telegram, according to an ET report.

“Considering the extensive prevalence and use of internet telephony, TRAI would expeditiously conduct this stakeholders’ consultation and give its recommendations accordingly,” Justice Prathiba M Singh said as quoted in the report.

Internet telephony service provider World Phone Internet Services filed a petition seeking directions to the government to enforce current regulations for internet telephony to apps such as Facebook Messenger, WhatsApp that allow users to make voice calls, as well as to ensure compliance with the regulations.

The petitioner also alleged that while companies like World Phone Internet Services have to pay licence fees for internet services including internet telephony, platforms including WhatsApp and Facebook Messenger are not regulated. Besides, they do not pay any service charges to the government.

This development comes at a time when TRAI is reportedly working on a consultation paper to create a regulatory framework for over-the-top (OTT) apps. It is mulling whether communication and broadcasting apps should come under the purview of the same regulatory framework.

The government has been trying to regulate communication OTTs for quite some time now. In September this year, the government released the draft Indian Telecommunication Bill, 2022 which proposed extending the scope of the term telecommunication services to include OTT communication services.

The clause to bring OTT communication services in the same category as telcos has stirred a debate. TRAI also opposed the idea, as well as industry bodies such as the Internet and Mobile Association of India (IAMAI), the Internet Freedom Foundation (IFF), and the Asia Internet Coalition (AIC) have voiced their concerns .

“We cannot have a regulatory imbalance between conventional technologies of yesteryears and new technologies. Yet, at the same time, we should not stifle innovation and competition,” TRAI chairman PD Vaghela said on OTT regulation.