OTT Communication Apps Exempt from New Telecommunications Regulations, Says DoT

The Department of Telecommunications (DoT) has confirmed that it will not regulate over-the-top (OTT) communication apps like WhatsApp and Telegram, despite requests from telecom operators for regulation under the same-service, same-rule principle.

DoT officials explained that the definition of telecommunication under the new Telecommunications Act, 2023 does not apply to these apps. The Act defines telecommunication as the transmission, emission, or reception of messages via various systems, which typically involves a switch independent of the network.

However, OTT services transmit messages through data packets, which customers already pay for through their telecom providers. While the Act primarily targets licensed telecom operators, the Ministry of Electronics and IT may decide whether these apps will be regulated under the Digital India Act or another legislation. The Cellular Operators Association of India has argued that OTT services fall under the new Telecom Act as an access service.