The Delhi High Court recently issued an order to the Telecom Regulatory Authority of India (TRAI) for the “complete and strict” enforcement of regulations set in 2018 to curb Unsolicited Commercial Communications (UCC). UCC refers to any commercial communication that a subscriber chooses not to receive, excluding transactional messages or those sent at the directive of the Central or State Government or authorized agencies.
Background Details
A company plea filed in the High Court stated that multiple fraudulent phishing activities executed over mobile networks had deceived many of its customers. The telecom companies’ failure to prevent such incidents led to significant financial and reputational losses. Phishing is a type of cybercrime where targets receive contact via email, telephone, or text message from someone appearing to be a legit entity, encouraging individuals to disclose sensitive information, like personally identifiable data, banking and credit card details, and passwords.
The plea further contended that the respondents violated their obligations under the Telecom Commercial Communications Customer Preferences Regulations (TCCCPR), 2018, which aimed to combat the issue of unsolicited commercial communications.
High Court’s Directives
The court instructed TRAI to ensure the “complete and strict” implementation of the 2018 regulation to curb UCC. Additionally, the Telecom Service Providers (TSPs) were directed to ensure strict compliance with the TCCCPR 2018 issued by TRAI.
Telecom Commercial Communications Customer Preferences Regulations (TCCCPR) 2018
This regulation, which replaced the 2010 version, was issued by TRAI to offer an updated regulatory framework to regulate ‘unsolicited commercial communication’ (UCC) in India.
Under the new framework, control and regulatory powers have been delegated to access providers who are now required to establish their own codes of practice (CoPs) to tackle UCC.
The regulation offers various customer preferences to be implemented using Distributed Ledger Technology (DLT), making communications traceable and easier to control effectively. It also proposes the usage of cloud-based solutions for managing complaints, registering headers and preferences, and employing smart contracts for automated role allocation between entities in the commercial communication ecosystem.
Under TRAI’s oversight, these technology-based solutions must undergo tests in regulatory sandboxes.
Implications of the High Court Order
The High Court’s directive signifies an urgent need for telecom companies to take a firmer stance against unsolicited commercial communications, which can often lead to fraudulent activities like phishing. It acts as a reminder of their obligation to safeguard customers’ sensitive information and ensure a transparent and safe telecom environment.
Furthermore, the emphasis on strict adherence to the TCCCPR 2018 implies the potential penalties for any non-compliance, thereby ensuring stricter regulation of UCCs.
The Way Forward
As the TRAI and the TSPs make efforts towards implementing the High Court’s directives, it’s crucial to note that the use of advanced technologies like DLT and cloud-based solutions will play a significant role. Their application will facilitate more efficient tracking of communications and improve the handling of user complaints, thus marking a major step toward curbing UCCs and enhancing the telecom sector’s credibility.
