The Telecom Regulatory Authority of India (TRAI) has introduced a fresh set of directives aimed at strengthening the enforcement of measures designed to curb the misuse of messaging services and protect consumers from fraudulent practices. This move comes as telecom operators in India have yet to fully implement some of the regulator’s previous directives intended to address these issues.
Migration to Blockchain for Improved Monitoring
Among the new measures, TRAI has mandated that all telemarketing calls, which currently start with the 140 series, must be migrated to a blockchain-based distributed ledger technology (DLT) platform by September 30, 2024. This shift is intended to improve monitoring and control over telemarketing activities, ensuring that they comply with regulatory standards. The DLT platform, known for its robust and transparent nature, is expected to provide better oversight of telemarketing calls, thereby reducing the likelihood of spam and fraudulent communications.
Enhancing Message Traceability
To further strengthen the traceability of messages, TRAI has introduced a new requirement effective from November 1, 2024. Telecom operators will need to ensure that the entire trail of messages, from the sender to the recipient, is traceable. The regulator has warned that any message with an undefined or mismatched telemarketer chain will be automatically rejected. This measure is part of a broader strategy to increase accountability within the telecom industry, particularly in the context of telemarketing and promotional messaging.
Revisiting Past Directives
The latest directives build on previous orders issued by TRAI in February and May of the previous year. In February, the regulator had instructed telecom operators to re-verify all headers registered on the DLT platform within a 30-day period and to block any headers that remained unverified. Additionally, content templates were required to undergo re-verification within 60 days, with non-verified templates being blocked as well.
In May, TRAI issued further directions to ensure that only whitelisted URLs, APKs, OTT links, and call-back numbers were included in content templates. Telecom operators were required to submit a compliance report within 45 days, confirming adherence to these guidelines. The regulator also emphasized the importance of maintaining traceability of messages from senders to recipients.
Despite these earlier efforts, TRAI has observed that many of its directives have not been fully implemented. The regulator noted numerous instances where headers and templates were misused, but telecom operators have not taken sufficient action to prevent such misuse or to trace the origin of the traffic involved.
Stricter Measures for Non-Compliance
To address the ongoing issues of non-compliance, TRAI has introduced new punitive measures. Starting September 1, 2024, telecom operators are required to ensure that any traffic containing URLs, APKs, OTT links, or call-back numbers that are not whitelisted is not permitted to transmit. This directive is aimed at preventing unauthorized or malicious content from being distributed through telecom networks.
In an effort to deter the misuse of content templates, TRAI has also introduced penalties for non-compliance. Content templates that are registered under incorrect categories will be blacklisted, and repeated offenses could result in a one-month suspension of the sender’s services. This measure is designed to ensure that content templates are used appropriately and in accordance with regulatory guidelines.
In cases where headers or content templates are misused, TRAI has directed that all traffic from the affected sender be suspended immediately for verification. Traffic will only be reinstated once the sender has taken legal action against the misuse. Furthermore, delivery-telemarketers are required to identify and report the entities responsible for such misuse within two business days, or face similar consequences.
Strengthening Regulatory Oversight
TRAI’s latest directives are part of a broader effort to tighten regulatory oversight within the telecom industry, particularly in the area of commercial messaging. As per the mandate, only registered principal entities are authorized to send promotional and marketing messages to mobile consumers. To comply with this requirement, telecom operators have been instructed to move all commercial messaging, including one-time passwords (OTPs), promotional messages, and account balance updates, to the blockchain-based DLT platform.
Businesses that wish to send commercial texts must register themselves, along with their headers (which are the unique sender codes assigned to their businesses) and their message templates, on the DLT platform. This registration process is designed to ensure that all commercial messaging is conducted in a manner that is transparent, traceable, and compliant with regulatory standards.
Conclusion
TRAI’s new directives represent a significant step forward in the ongoing effort to curb spam and fraudulent messaging in the telecom sector. By mandating the migration of telemarketing calls to a blockchain-based DLT platform, enhancing message traceability, and introducing stricter penalties for non-compliance, TRAI aims to protect consumers from fraudulent practices while ensuring that telecom operators adhere to the highest standards of regulatory compliance. As these measures are implemented, they are expected to lead to a more secure and trustworthy telecom environment for consumers across India.
