MediaNama’s Take: TRAI’s request raises a broader governance question that extends beyond spam calls. Although the regulator says it only wants to act against call management applications that violate its telecom regulations, designation as an “authorised agency” under the Information Technology Act could create a precedent for sectoral regulators seeking enforcement powers over intermediaries outside their primary statutes.
Notably, the Internet and Mobile Association of India (IAMAI) has already argued that TRAI’s earlier draft anti-spam regulations exceeded its statutory remit by attempting to regulate OTT platforms and invoke consequences under Section 79 of the IT Act.
Consequently, the latest proposal also raises an important question of institutional restraint: if TRAI is granted these powers for a narrowly defined purpose today, what safeguards would prevent their use in future disputes involving intermediaries beyond spam tagging and designated numbering series?
As digital regulation increasingly cuts across telecom, intermediary liability and data governance, Parliament may ultimately need to define clearer jurisdictional boundaries to avoid regulatory overlap, mission creep and uncertainty for digital platforms.
What’s the news: The Telecom Regulatory Authority of India (TRAI) is seeking to be designated as an “authorised agency” under the Information Technology Act, enabling it to take action against third-party call management applications that allegedly violate its telecom regulations, according to officials who spoke to The Economic Times. The move would allow the regulator to formally notify digital platforms of violations and seek compliance, even though they fall outside its existing regulatory ambit.
“The intention is not to regulate the apps, but in the IT Act there is a provision that if the law is violated by an app, the ministry or administrative authority concerned can initiate action against them,” an official told the publication. At present, TRAI cannot directly act against such platforms because, unlike telecom operators licensed by the Department of Telecommunications (DoT), they operate as intermediaries under the Information Technology Act. Officials told the publication that the Ministry of Electronics and Information Technology (MeitY) has agreed to the demand with DoT to initiate the next course of action.
Why does TRAI want these powers? The regulator argues that call management applications such as Truecaller, Hiya, and Whoscall are wrongly tagging or blocking calls originating from the 1400 and 1600 numbering series as spam, which are reserved for commercial communications under its regulations.
Consequently, the regulator says such practices undermine legitimate business messaging and government outreach. “The worst part is that due to wrongful tagging, enterprises may tend to revert to normal 10-digit numbers, thereby increasing spam and consumer distrust,” another…
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