Telecom Bill: Meta fears Indian government might regulate internet apps
Meta, the tech giant behind popular apps like Facebook, WhatsApp, and Instagram, is concerned about India's Telecommunications Bill, 2023, Moneycontrol reported. The bill grants the Indian government extensive control over telecom companies. Although references to over-the-top (OTT) apps have been removed, experts worry about the vague definitions of "telecommunication services" and "messages" in the legislation.
Ambiguity in definitions raises concerns
Shivnath Thukral, Director and Head of India Public Policy at Meta, shared his concerns in an internal email about the unclear definitions of "telecommunications services," "telecommunications identifier," and "messages" in the bill. He stated, "Arguably, even after the removal of OTTs from these definitions, the government could have sufficient discretion to designate OTTs as a telecommunications service, and bring them under an authorization regime, in case it chooses to do so via delegated legislation at a future date."
Government's intentions on OTT regulation
Thukral mentioned in his email that he spoke with "the Minister," who assured him that the government does not plan to regulate OTTs under telecom law. However, the email does not specify which minister Thukral communicated with. The bill was passed in the Lok Sabha on December 20. Today, the Rajya Sabha passed the bill. The bill will replace the archaic Indian Telegraph Act of 1885 after getting the President's approval.
Bill's implications for encrypted platforms
The bill allows the government to intercept "any message or class of messages to or from any person or class of persons" and "disclose in an intelligible format" to relevant officers in cases of public emergency or public safety interest. This provision could threaten encrypted platforms like WhatsApp or Signal if they fall under the bill's scope. However, sources close to the government have clarified that OTTs are not included in the proposed law's purview.
