Why Over the top telecommunication (OTT) services need to be regulated by The Telecom Regulatory Authority of India in the country? Examine (200 Words)
Refer - Business Line
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· In the absence of regulation, users’ right to privacy may be endangered and most of the gains are likely to be appropriated by digital giants because of their monopoly power, first mover advantage and deep pockets
· The Telecom Regulatory Authority of India (TRAI) has come out with its recommendations on Regulatory Framework for Over-the-Top (OTT) Communication Services.
· OTT communications include services provided by WhatsApp, Facebook messenger, iMessage, Skype, etc. TRAI recommended that regulatory interventions are not required in respect of issues related with privacy and security of OTT services at the moment.
· Social network providers, search engines, e-mail service providers, messaging applications are examples of non-state actors. Due to technological developments, not only the state but also big corporations and private entities can behave like ‘big brother’.
· First, an individual’s right to privacy may be endangered by OTT communication services too. Hence, there is a need for state intervention. Second, private entities may act as ‘big brothers’. This could also imply that market forces may not always act in the interests of consumers.
· There does not seem to be a universal definition of what OTT communication services are. As a result, the difference between OTT communication and non-communication services becomes thin and blurred.
· For instance, Facebook is a social media platform and hence may not be included on OTT communication services, but Facebook messenger provides communication services. Similarly, Google provides search engine and email services, but it also provides video call and online meeting facilities.
· The OTT service providers may store personal information of the end-users in their data servers located abroad. This may lead to issues relating to data protection and national security. These issues are mentioned in the TRAI recommendation note as views of some stakeholders.
· Provisions such as free flow of cross-border data, prohibition on data localisation and source code disclosure intend to curb the policy space available to the government for imposing any restrictions on big tech companies.
