We know that the Draft Telecom Bill 2022, has stirred a debate on reigning the OTT communication apps under the telecom regulatory framework. But the real question here is — why does the GOI feel the need of doing so when all OTTs are already regulated under the IT Act (Section 79) and the Intermediary Guidelines Rules of 25th Feb 2021? And that too when GOI is not interested in bringing OTT communication apps at par with Telecom, especially in the dimension of collecting license fees and legal interception? In my view, what the GOI is really interested in is ensuring that the OTT app providers verify their customers, on the same lines as the telecom service providers do. The purpose of this note is to understand how bringing the OTT communication apps under the Telecom Act will enable the GOI to achieve its objective, and whether there are any technical limitations that need to be overcome.
Information Technology Act
Key Provisions
Section 1(w) of the IT Act defines an intermediary as follows.
