COAI asserts OTT apps like WhatsApp fall under Telecom Act citing 'national security' reasons

Telecom operators including Reliance Jio, Bharti Airtel, and Vodafone Idea have urged the Centre to have calling and messaging apps like WhatsApp, Google Meet, and Telegram comply with rules in the same manner as all service providers do.

According to a statement from the Cellular Operators Association of India (COAI), excluding over-the-top communication apps from the Telecommunications Act 2023 is misleading. As per to its members, like telecom operators, such OTT apps should also be subject to various non-sectoral regulations.

"COAI would like to state that the 'Security of the Country' is of utmost importance and in this regard, all communication service providers, including OTT-based communication services, should adhere to the requisite directives of the country as done by the Telecom Service Providers," COAI Director General SP Kochhar said.

Meanwhile, the Department of Telecommunications (DoT) reportedly has shared its intentions of not regulating the OTT apps under the new Telecom Act, despite telecos' push.

According to the Act, telecommunication means transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.

In his statement, Kochhar has also mentioned that the rapid expansion of OTT services and the unchecked growth of communication platforms are leading to significant security threats and creating an uneven playing field between regulated, law-abiding service providers and their unregulated counterparts.

Noting that some argue OTT communication services should be exempted from the Act, 2023, citing existing regulations under the IT Act, 2000, Indian Penal Code, 1860, Consumer Protection Act, 2019, and DPDP Act, 2023, Kochhar said, "This argument is completely misleading as the requirement pertains purely to regulatory oversight of communication services expressly covered under the Telecom Act, 2023. It is important to highlight that TSPs, which are governed by the Telecom Act, are also regulated by all the above legislations as prescribed by Parliament."

It is to be noted that telecom operators have been demanding that the government should provide a level-playing field by applying the same rules on calling and messaging apps as applies to them.