The Delhi High Court on Monday sought response from the Centre, Facebook messenger and WhatsApp on a petition claiming the two instant messaging platforms were illegally providing voice over internet services, a feature that is permitted only under a telecom licence.
“The illegal functioning of Facebook messenger and WhatsApp should not be permitted. Facebook and WhatsApp are providing internet telephony without a licence,” the petition by World Phone Internet Services Pvt Ltd said.
The petitioner, an internet service provider (ISP), has also claimed that the unregulated functioning of the two platforms was “a threat to national security” and also causes a loss to the exchequer. It has contended that licensed telecom service providers and ISPs providing internet telephony are subject to many licensing regulations and security measures which are to be strictly followed. It alleged Facebook messenger and Whatsapp are not subject to any of the licence regulations, do not have to pay any tariffs nor penalties for violation. It said, as a result, licensed ISPs and TSPs, like the petitioner, have to compete with them and suffer huge losses.