DoT directs social media firms to act against content violating Telecom Act

The Department of Telecommunications (DoT) has issued a directive to all social media platforms, including Meta, Instagram, Google, and X, urging them to remove specific content or applications that facilitate users in committing offences under the Telecommunications Act, 2023, according to a report by The Economic Times.

This advisory follows reports of certain social media influencers instructing users on how to alter their calling line identification (CLI) while making calls, causing the recipient to see a different number. “Technically this is tampering of telecommunication identification and called CLI spoofing,” the advisory stated. The Telecommunications Act explicitly prohibits such tampering.

DoT steps in amid social media involvement

Although the DoT typically does not interact with social media platforms — since they fall under the purview of the Ministry of Electronics and IT — it intervened in this instance due to the content on these platforms enabling users to violate provisions of the Telecommunications Act.

The report quoted a source as saying that telecommunication identification must not be misused or manipulated, and any individual or platform encouraging such actions must be stopped.

Social media platforms have been instructed to confirm compliance with the directive by February 28.

Prohibitions and legal implications

According to the advisory, Section 42 (3) (c) of the Telecommunications Act, 2023, explicitly prohibits tampering with telecommunication identification. Section 42 (3) (e) also bars individuals from acquiring subscriber identity modules or other telecommunication identifiers through fraudulent means such as cheating or impersonation. Section 42 (7) designates such violations as cognizable and non-bailable, regardless of provisions in the Code of Criminal Procedure, 1973.

Offences under these provisions can lead to imprisonment for up to three years, a fine of up to Rs 50 lakh, or both. “Section 42 (6) of the Act also envisages the same punishment for those who abet any offence under the Act,” the advisory noted.