DoT Urges Meta, Instagram, Google to Remove Content Violations

HIGHLIGHTS:

• The Department of Telecommunications (DoT) has directed Meta, Instagram, Google, and X to remove content violating the Telecommunications Act, 2023.
• Influencers were found promoting CLI spoofing, altering call identification numbers, raising concerns about abuse.
• Section 42 of the Telecommunications Act criminalizes tampering with telecommunication identifiers, including fraud and impersonation.
• Offenders could face three years in prison, a Rs. 50 lakh fine, or both, under the Telecommunications Act.
• Legal action may be taken against those creating or sharing content facilitating these telecom violations.

The Department of Telecommunications (DoT) has directed social media platforms like Meta, Instagram, Google, and X to delete certain content or apps that contravene the Telecommunications Act, 2023 provisions. The directive has been made by stating that the content is aiding offenses and should be deleted in order to abide by the law.

The alert was released after reports of social media influencers directing users on ways to alter their Calling Line Identification (CLI) while making calls. The tampering enables the receiver to receive a different number, and it raises fears over abuse.

“Technically this is tampering of telecommunication identification and called CLI spoofing,” the advisory said.

The guidelines refer to Section 42 of the Telecommunications Act, 2023, which makes interference with telecommunication identification an offence. Section 42(3)(c) explicitly forbids such alterations, whereas Section 42(3)(e) criminalizes availing oneself of SIM cards or other telecom identities by fraud, cheating, or impersonation. Section 42(7) also deems these offences to be cognizable and non-bailable, even superseding codes in the Code of Criminal Procedure, 1973.

Offences under the Telecommunications Act, 2023 may result in three years of imprisonment, a fine of Rs. 50 lakh, or both. The advisory also mentions Section 42(6), according to which people who abet such crimes will be equally punished.

The Department of Telecommunications (DoT) has announced that any app facilitating or encouraging the manipulation of telecom identifiers like CLI, IP addresses, or IMEI numbers is an offence. Therefore, social media and app hosting sites have to delete such content or apps.

The advisory also cautions that in addition to content takedown, legal action can be initiated against parties engaged in producing or disseminating content that facilitates offences under the Telecommunications Act, 2023.