SUMMARY
The home affairs ministry, the telecom department and the telco operators’ industry body are in favour of regulating these messaging apps, while the IT ministry is not
The Ministry of Information Broadcasting has decided not to intervene claiming overreach to news and content only
DoT has requested TRAI to consider the possibility of a blanket regulation over the text, voice-over-call and video messaging apps
A storm is brewing over the issue of regulating over-the-top (OTT) messaging apps. Reportedly, the home affairs ministry (MHA) and the telecom department (DoT) are in favour of regulating over-the-top (OTT) messaging apps citing “national security and public safety” while the IT ministry is not, at this stage. The telecom department has also requested TRAI to review its stance on not regulating these platforms.
In 2018, the Telecom Regulatory Authority of India (TRAI) had been analysing whether over-the-top (OTT) messaging apps should be brought under a licensing regime. The possibility of regulation is once again in the news, as several ministries mull regulating the OTT messaging players such as WhatsApp, Telegram, Signal and more.
In 2020, after considering that the messaging platforms need to operate freely, TRAI had said that it wasn’t the right time for a regulatory framework. It had also implied that these players were not demonstrating harm or dysfunction in the markets, even though telecom operators cried foul and national security issues.
Recently, the telecom department asked the telecom regulatory body to review the consultation process “to prevent the misuse of the technology in the evolving digital landscape”. It has also looped in the IT ministry and the Ministry of Information and Broadcasting (MIB).
According to the ET report, MIB has not provided its stance on the matter as it believed only content and online news come under its domain. The Cellular Operators Association of India (COAI) has also sided with the telecom department and players and asked to bring a licensing regime for the OTT players.
Incidentally, the telecom department has asked TRAI to consider the possibility of a blanket regulation over the text, voice-over-call and video messaging apps. DoT has reportedly asked for the power to selectively or partially ban certain OTT platforms or regulate and check their content in a bid to check the spread of misinformation.
While the IT ministry overlooks social media platforms such as Twitter and Facebook, the telco ministry deals with communication and messaging apps that provide similar services like telecom companies (calls, texts, etc.).
As for what the industry wants is still unclear since the talks of consultations are preliminary. The regulatory body is yet to come up with the consultation paper seeking comments from the industry stakeholders.
Yet, the consensus goes in favour of TRAI’s existing recommendation of not bringing every single text message and call under the telecom department’s reach.
