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TRAI Consultation Paper on Regulatory mechanism for OTT communication services and selective banning of OTT services
TRAI Consultation Paper on Regulatory mechanism for OTT communication services and selective banning of OTT services

July 11, 2023

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On July 7, 2023, the Telecom Regulatory Authority of India (TRAI) has released a Consultation Paper (Paper) on Regulatory mechanism for OTT communication services and selective banning of OTT services.

The last activity by TRAI on OTT was in 2020. TRAI issued Consultation Paper on Regulatory Framework for Over-The-Top (OTT) Communication Services’ in 2018 and recommendations in 2020.

The Authority had recommended (2020) that:

  1. Market forces may be allowed to respond to the situation without prescribing any regulatory intervention. However, developments shall be monitored, and intervention as felt necessary shall be done at appropriate time.
  2. No regulatory interventions are required in respect of issues related with Privacy and security of OTT services at the moment.
  3. It is not an opportune moment to recommend a comprehensive regulatory framework for various aspects of services referred to as OTT services, beyond the extant laws and regulations prescribed presently. The matter may be looked into afresh when more clarity emerges in international jurisdictions particularly the study undertaken by ITU.

DoT's recent reference: DoT through its reference in 2022 requested the Authority to reconsider the Recommendations of 2020 and suggest a suitable regulatory mechanism for OTTs, including the issues relating to ‘selective banning of OTT services’ based on the 26th report of the Parliament’s Standing Committee on Communication and Information Technology on the subject ‘Suspension of Telecom Services/ Internet and its impact’ of December 2021.

DoT has stated that there is humongous growth of OTT services in the recent past and these services having reached a matured stage, there is a need to holistically look into the various aspects of these services including regulatory, economic, security, privacy, and safety aspects. This will be in line with NDCP 2018.

Current TRAI CP

In the given Paper, TRAI has stated that considering the vast growth of OTT Services using Telecom Resources and new facts such as "Selective banning of OTT Services" referred in the aforesaid communication of DoT, the Authority is of the view that a fresh consultation process may be initiated to frame suitable regulatory framework for OTT.

TRAI in its Paper has cited various reports including OECD, BEREC, ITU, GSMA, etc on issues like definition of OTTs, regulatory aspects, economic aspects, privacy & security aspects, etc. and has stated open ended questions seeking views on licensing of OTT, regulatory framework, collaborative framework between communication OTTS and TSPs.

On banning of OTT services, the Paper cites the Parliamentary Committee Report (December 2021, 26th Report, para 14) which stated that DoT can explore the option of banning selective services, such as Facebook. WhatsApp, Telegram etc. instead of banning the Internet as a whole. The argument of the Committee Report was that this approach would allow financial services, health, education, and various other services to continue to operate for business as usual thereby minimising inconvenience and suffering to the public and help in controlling spreading of misinformation during unrest.

Further, the Paper states that both Unified License (Clause 2.1, Chapter IX, UL (Internet Service)) and IT Act (Section 69A) allow for blocking of content. The Paper has sought inputs on technical challenges in selective banning and regulatory framework of selective banning.

The Paper is divided into five chapters (i) Introduction and background, (ii) Issues related to regulatory mechanism for Over-The-Top (OTT) communication services (iii) Issues related to selective banning of OTT services, (iv) Overview of international practices on the subject and (v) Issues for consultation.  The Paper has listed total 14 questions for consultation (Chapter V).

The last date to provide comments on the Paper is August 4, 2023 and to provide counter comments is August 18, 2023. In case you are interested in the subject, please provide your inputs to us by writing to vertika@nasscom.in and sudipto@nasscom.in with a copy to policy@nasscom.in.  


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Vertika Misra
Director - Public Policy

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