Spam and Scam Calls Are Now Under the Radar of Indian Authorities: A Shift in Regulatory Approach Towards OTT Platforms
Government's Anti-Spam Measures Backed by Telecom Sector Against Unwanted Calls, Messages from Over-The-Top Platforms
In the bustling capital of New Delhi, the Cellular Operators Association of India (COAI) has embraced the government's decision to tackle the growing issue of spam and scam calls emanating from Over-The-Top (OTT) platforms. The Ministry of Electronics and Information Technology (MeitY), acknowledging the problem's escalation on communication apps like WhatsApp, Signal, and others, is taking the lead in this matter. The move was confirmed during a meeting of the Joint Committee of Regulators (JCoR), as the industry breathes a sigh of relief.
Traditionally, the Department of Telecommunications (DoT) and Telecom Service Providers (TSPs) have been vigilant in controlling Unsolicited Commercial Communications (UCC) on traditional telecom networks. However, the dearth of control over OTT platforms has been glaring. With MeitY taking the reins, it appears that the responsibility of regulating digital platforms will now reside with relevant ministries, alleviating the burden from telecom operators.
According to COAI's Director General, Lt. Gen. S. P. Kochhar, this development is crucial as TSPs have limited control over activities on OTT apps. He underlined the challenge by stating that while a telecom operator can trace a phone number to a particular city, it becomes challenging to track OTT communication apps when they are used on separate devices. "When an OTT app is deployed on a distinct device, it becomes harder to trace, as the app and SIM card are no longer linked after installation," Kochhar noted.
Another looming threat is steganography, where criminals hide nefarious content within seemingly innocuous files such as images or documents. COAI emphasizes that ironclad cybersecurity measures across telecom and OTT platforms are essential to combat these illicit activities. The industry body argued that a unified set of rules for all digital communication players is the key to protecting users from spam, fraud, and malicious messages. "The endgame should be clear -- to create a safer digital landscape for users and minimize the nuisance of spam and scam communications as much as feasible," COAI expressed.
The government's crackdown on spam and scam operations on OTT platforms coincides with escalating efforts to strengthen India's regulatory framework. The Telecom Commercial Communications Customer Preference Regulations (TCCCPR) have been amended to implement stricter penalties for unauthorized promotional communication. Moreover, the DoT has blocked over 1.75 lakh numbers linked to spam/fraud under TRAI's updated UCC rules. The MeitY is leading stakeholder consultations to address spam from OTT and Rich Communication Services (RCS) platforms, as TRAI's jurisdiction typically excludes internet-based communication services.
Despite these advances, there are still challenges ahead, such as the vulnerability associated with device-switching and the legal gaps in the IT Act regarding penalizing OTT platforms for spam. Nonetheless, the multi-agency approach aims to close regulatory loopholes and establish parity between telecom and internet-based communication services, ensuring a safer digital environment for users.
- Instead of relying solely on traditional telecommunications networks, the Ministry of Electronics and Information Technology (MeitY) is now adding technology to its resources, aiming to regulate Over-The-Top (OTT) platforms and combat spam and scam calls.
- Recognizing the difficulty in controlling activities on OTT apps, the Department of Telecommunications (DoT) and Telecom Service Providers (TSPs) have decided to instead place the responsibility of regulating digital platforms with relevant ministries, alleviating their burden.
- Rather than facing legal gaps in the IT Act regarding penalizing OTT platforms for spam, the multi-agency approach, led by the MeitY, is instead working towards closing regulatory loopholes, establishing parity between telecom and internet-based communication services, and ensuring a safer digital environment for users.
