TRAI OTT Regulation: TRAI Calls For Structured Regulation Of OTTs

SUMMARY

TRAI chairman confirmed that over-the-top communication services will be subjected to structured regulations as they have benefited consumers and businesses, but certain regulatory issues have been raised

Department of Telecommunications and TRAI have had limited success in checking spams and online scams on OTT platforms

This development comes weeks after the Industry body Cellular Operators Association of India (COAI) expressed concerns over the exclusion of OTT messaging apps from the proposed new service authorisation framework

After excluding the over-the-top (OTT) messaging platforms from the licensing regime, the Telecom Regulatory Authority of India (TRAI) has reportedly called for structured regulation of these platforms, including WhatsApp, Telegram and Signal among others, following security concerns flagged by law enforcement agencies and telecom operators.

“Over-the-top communication services have benefited consumers and businesses, but certain regulatory issues have been raised by law enforcement agencies and traditional communications providers, and [so they] should be subject to structured regulations,” the ET reported, citing Anil Kumar Lahoti, TRAI chairman.

Lahoti was speaking on the sidelines of the India Mobile Congress 2024.

He also insisted that the regulators globally need to maintain a balance between fostering innovation and ensuring a fair and competitive market, given the cross-border nature of OTT services.

The report pointed out that the Department of Telecommunications (DoT) and TRAI have had limited success in checking spams and online scams on OTT platforms, underlining the jurisdictional complexities associated with enforcing curbs on potential offenders.

This development comes weeks after the Industry body Cellular Operators Association of India (COAI) expressed concerns over the exclusion of OTT communication platforms such as WhatsApp and Telegram from the proposed new service authorisation framework.

Prior to that, the industry bodies representing the OTT platforms lashed out at the demand of telecom operators to bring these applications under the licensing regime, in August. Broadband India Forum (BIF) said a single authorisation regime would be arbitrary and disrupt the regulatory framework, adding that different services require different terms and conditions.

Earlier in May, the TRAI revealed its plans to hold open house discussions to formulate a framework to oversee OTT communication services that are not covered under the ambit of the Telecom Act, 2023.