Telcos slam TRAI’s new spam rules, question exclusion of WhatsApp, other OTTs and telemarketers

Spam Calls

Private telecom operators have opposed the latest spam-control regulations issued by the Telecom Regulatory Authority of India (TRAI), saying they fail to address key concerns, especially the exclusion of OTT communication service providers such as WhatsApp and Telegram from the regulation’s scope.

In a statement issued on February 17, telecom companies also raised concerns over the significant increase in penalties for non-compliance, saying telemarketers are the true originators and beneficiaries of unsolicited commercial communications and should be held accountable instead.

“The COAI is disappointed to see that TRAI’s amendment to strengthen consumer protection against Unsolicited Commercial Communication (UCC) has been issued without resolving all relevant issues,” Cellular Operators Association of India director general SP Kochhar has said.

Telecom operators now face financial penalties for failing to comply with new regulations, particularly for misreporting spam communications. Fines start at Rs 2 lakh for the first violation, rise to Rs 5 lakh for the second and reach Rs 10 lakh for further offences. Repeated violations can also lead to suspension of telecom services.

Kochhar said the amendments to the Telecom Commercial Communications Customer Preference Regulations (TCCCPR), 2018 were issued without addressing crucial industry concerns.

COAI, which represents Reliance Jio, Bharti Airtel, and Vodafone Idea, said telecom operators had repeatedly urged TRAI to bring delivery telemarketers (TMs) under regulation before implementing the amendment to manage spam.

“We have submitted to TRAI that the only feasible and optimal approach to handling UCC is by bringing telemarketers under the licensing regime,” Kochhar added.

Covering telemarketers under regulation would ensure government and regulatory authority over entities responsible for sending such communications.

Telecom operators are also dissatisfied with TRAI’s decision not to bring OTT communication service providers under the regulation. Increasing volume of spam calls and messages originating from OTT platforms are contributing to the rise of financial fraud, they have claimed.

This was a key demand from stakeholders during the open house consultation ahead of the release of the amended regulations.

TRAI officials, however, said last week that the regulator had notified the Ministry of Electronics and Information Technology (MeitY) about the issue, as OTT apps fall under their regulation.

COAI said telecom operators have already implemented several measures to curb spam but a large portion of unsolicited and even legitimate commercial communication has now shifted to OTT messaging apps such as WhatsApp and Telegram, exacerbating the problem.

OTT (Over-the-Top) messaging apps enable users to send text, voice, and multimedia (images, videos, etc.) over the internet, bypassing traditional cellular networks and SMS services. Some popular OTT messaging apps include WhatsApp, Telegram, Facebook Messenger, and Signal.

“We strongly believe that TRAI should consider our key submission and regulate these entities as well. It makes no sense to regulate only telecom service providers (TSPs) while leaving OTT communication services completely unregulated,” Kochhar said.

Both OTT communication providers and telemarketers have become major players in commercial messaging, making it essential to establish a regulatory framework to ensure accountability across all stakeholders, he said.