Facebook, WhatsApp to be regulated, DoT tells Supreme Court

NEW DELHI: The Centre informed the Supreme Court on Wednesday that it would soon formulate a regulatory regime, similar to one existing for all telecom operators, for Over-The-Top (OTT) services like WhatsApp, Facebook, Skype, WeChat and Google Talk. The department of telecom's main argument was that OTTs use the network of telecom service providers to reach customers, offer App-based products as well as compete by offering messaging and telephone facilities, yet are not subjected to any regulatory mechanism.

This assertion came in response to WhatsApp's affidavit in the SC taking a stand that the petition filed by Karmanya Singh Sareen questioning its privacy policy was not maintainable as "OTT services are governed in some respect by the provisions of Information Technology Act, 2000 and are not subject to the same regulatory mechanism that is enforced on conventional voice and messaging services provided by telecom service providers".

With the privacy issue being strongly argued by the petitioner and the Centre converging on it, the bench referred the issue to a five-judge bench, despite opposition from OTT service providers. It fixed April 18 for hearing before the five-judge bench for fixing dates for final disposal of the petitions even as a request was made that it should not be heard during the summer vacation.