Context: The Cellular Operators Association of India confirmed that over-the-top (OTT) communication platforms like WhatsApp are classified as access services under the Telecommunications Act, 2023.

Telecommunications Act, 2023

• Definitions: It clearly defines various terminologies related to the implementation of the Act thereby reducing uncertainties and improving investor confidence and is a step towards ease of doing business.
• Objective: An Act to amend and consolidate the law relating to development, expansion and operation of telecommunication services and telecommunication networks; assignment of spectrum.
• Replace: The Indian Telegraph Act, 1885 and the Indian Wireless Telegraphy Act, 1933. The Telegraph Wires (Unlawful Possession) Act, 1950. 

o It also amends the Telecom Regulatory Authority of India (TRAI) Act, 1997.

• Definition of a Message: It defines a message broadly as any form of communication, including signs, signals, text, images, sounds, video, and data streams sent via telecommunication.

o OTT Services Under Regulation: Due to this broad definition, there is a view that Over-The-Top (OTT) services might fall under the Act’s purview, similar to traditional telecom services.

o Telecom Providers’ Stance: Major telecom service providers like Reliance Jio, Bharti Airtel, and Vodafone Idea argue for including OTT services under the same licensing requirements, citing the similarities in the services provided.

o Advocacy for Regulation: The Cellular Operators Association of India (COAI) has supported this stance in their feedback on TRAI’s consultation paper, advocating for the regulation of OTT communication services.

• Telecommunication standards: Telecom is a global industry. To ensure national security and promote India’s technology developers, the Act lays down powers to set standards and conformity assessment measures for telecommunication services, telecommunication networks, telecommunication security, etc.
• National Security and Public safety: The Act provides strong provisions to take necessary measures for national security and public safety.