The Internet and Mobile Association of India (IAMAI) has alleged that the Telecom Regulatory Authority of India (TRAI) is attempting to regulate over-the-top (OTT) platforms such as WhatsApp, Signal, and Telegram through proposed amendments to pesky call and messaging rules, even though these platforms do not fall within the scope of telecommunications services.
In a move to curb spam calls, TRAI has proposed changes to its regulations based on stakeholder feedback and recent developments, including the implementation of artificial intelligence (AI)-based detection of unsolicited commercial communications by major access providers.
TRAI’s draft Telecom Commercial Communications Customer Preference (Third Amendment) Regulations, 2026 includes rules for call management applications, phone dialers, and third-party apps, which industry players believe will cover OTT platforms. IAMAI argued that the amendments attempt to regulate the functionality of OTT platforms despite these not falling within the scope of telecommunications services, raising concerns of jurisdictional overreach.
IAMAI also said provisions under the amendments that would empower TRAI to strip non-compliant intermediaries of their safe harbour protection under Section 79 of the Information Technology Act, 2000, constitute gross jurisdictional overreach. It further flagged that the proposed mandate for OTT platforms to share data with access providers amounts to unconstitutional expropriation of valuable proprietary data, arguing that requiring companies to part with data generated through significant intellectual and financial investment runs contrary to their fundamental right to carry on a profession, trade, or business under the Indian Constitution.
Telecom operators have claimed to have developed AI-based technology to detect spam calls and messages based on caller behaviour, and they alert customers before such calls are attended to.
Under TRAI’s draft regulation, the telecom operator on whose network a suspected spam communication lands must, within two hours, share details of the caller with the originating access provider (OAP) using blockchain technology. The OAP will then issue a notice to the suspected caller via SMS, email, or both, informing them that their number has been flagged as spam.
The OAP will also be required to restart know your customer verification of the flagged caller within one day of receiving details from the terminating access provider, and identify all telecom connections linked to that caller.
