Telecom operators have urged the department of consumer affairs (DoCA) to promptly notify the draft guidelines aimed at preventing spam calls and messages, saying the norms can plug gaps in the regulatory regime and also allow action against violators.
A DoCA committee has came out with a raft of draft guidelines, which include assigning responsibility and acting against the source of spam calls and messages.
“The draft guidelines represent a significant advancement in the combined efforts of the government against UBC, which not only result in frequent inconvenience to consumers but also often bypass the legitimate channels of commercial communications established by the telcos,” COAI director general SP Kochhar said in a letter dated November 26, referring to “unwarranted business communication”.
The Cellular Operators Association of India (COAI), which represents Reliance Jio, Bharti Airtel and Vodafone Idea, has said the draft guidelines for the Prevention and Regulation of Unsolicited and Unwarranted Business Communication should be implemented at the earliest, as unsolicited calls and messages violate consumer rights.
Moneycontrol has reviewed a copy of the letter that Kochhar wrote to Nidhi Khare, secretary, DoCA.
The committee, which had representatives from the telecom industry, also called for action against users acting in their roles or representing entities such as banks and real estate agents. The guidelines can fill an important gap in the regulatory regime and should be notified at the earliest in the interest of consumers, Kochhar added.
These calls and messages are a blatant invasion of privacy and also expose consumers to potential risks from increasingly sophisticated financial scams. The advances in “digitisation and voice call transitioning increasingly to OTT communication platforms, which presently fall outside the regulatory oversight of the telecom ecosystem, it is becoming more difficult to track such calls and block them”, the letter said.
The beneficiaries of these calls are getting smarter and using platforms beyond traditional voice calls/messages to reach consumers, Kochhar said. Several entities responsible for these calls are outside the jurisdiction of the Telecom Regulatory Authority of India (TRAI).
Telcos are expected to address this menace by disconnecting the connections of those who are the source of such communication. “This is a reactive approach that does not fix the issue at its root…telcos who are non-intrusive intermediaries (and therefore, exempted from liability under Section 79 of the Information Technology Act, 2000), are being held responsible for the actions of certain users/businesses over whom they have no control,” Kochhar said.
Individuals and entities which initiate such spam calls and messages do not fall under the jurisdiction of the DoT or TRAI. All entities and players should be part of the same regulatory oversight to find a solution to the pesky call menace, the letter said.
“The DoCA guidelines, once issued, will cover all sources of UBC… and will thus provide complete protection to the consumers at large,” Kochhar added.
With the guidelines, the DoCA will have the jurisdiction and capacity to act against all deviant individuals, businesses, and platforms. “It was also encouraging to hear that consumers could be provided a direct mechanism for relief and could be educated in a structured manner through the Jago Grahak Jago camp,” Kochhar said.
Disclosure: Moneycontrol is a part of the Network18 group. Network18 is controlled by Independent Media Trust, of which Reliance Industries is the sole beneficiary.
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