The Department of Telecommunications (DoT) has issued a directive to all social media platforms, including Meta, Instagram, Google, and X, to remove specific content or applications that facilitate users in committing offenses by violating the provisions of the Telecommunications Act, 2023.
This advisory follows instances where social media influencers have been guiding users on how to changetheir calling line identification (CLI) number while making calls, allowing the recipient to see a different number.
Although the DoT typically does not interact with social media platforms, as they fall under the jurisdiction of the Ministry of Electronics and IT (MeitY) through the IT Act, in this case, the content in question was clearly enabling users to commit an offense under the Telecommunications Act. Consequently, the DoT has directly requested the removal of such content.
According to the advisory, Section 42 (3) (c) of the Telecommunications Act, 2023, explicitly prohibits the tampering of telecommunication identification. Section 42 (3) (e) bars individuals from acquiring subscriber identity modules or other telecommunication identifiers through fraud, cheating, or impersonation. Additionally, Section 42 (7) states that such offenses are cognizable and non-bailable, irrespective of the provisions in the Code of Criminal Procedure, 1973.
These offenses carry a punishment of up to three years of imprisonment, a fine of up to Rs 50 million, or both. Furthermore, Section 42 (6) of the Act stipulates that individuals who abet any offense under the Act are subject to the same penalties.
The DoT has stated that any application enabling or promoting the manipulation of telecom identifiers—such as CLI, IP addresses, or IMEI numbers—is assisting users in committing an offense. Therefore, social media and application hosting platforms must remove such content or applications.
The advisory further notes that, in addition to the removal of such content or applications, action may also be taken against entities responsible for creating or promoting content that facilitates the commission of offenses under the Telecommunications Act, 2023.
