Curbing the menace: Stopping tele-calling spam in India

Tele-calling spam has become a ubiquitous nuisance in India. From relentless marketing pitches to sophisticated financial scams, these unwanted calls disrupt our daily lives and pose a significant security threat. This paper examines the gravity of the situation, analyses existing regulations, and proposes practical solutions for curbing tele-calling spam.

The pervasiveness of tele-calling spam

There is no denying the widespread prevalence of tele-calling spam in India. Statistics paint a concerning picture. The Reserve Bank of India (RBI) data from the financial year 2023 (FY23) reveals a staggering number of 13,530 fraud cases in banking system, with nearly half (49 per cent, or 6,659 cases) targeting digital payments. It is crucial to remember that cybercrimes are often underreported in India due to factors like lack of awareness, fear of repercussions, and limited faith in law enforcement agencies.Considering this underreporting, the actual number of tele-fraud cases could be significantly higher, potentially five times the reported figure according to our estimations. While FY2024 data is yet to be released, it is safe to assume the problem will only escalate.

Marketing spam: a privacy intrusion

Beyond financial scams, marketing spam calls are a blatant invasion of privacy. Imagine purchasing a car and being bombarded by insurance agents the following year, all vying for your renewal business. This scenario highlights the ineffectiveness of existing regulations. India has regulations like the Telecom Consumer Commercial Communication Preferences Regulation (TCCCPR) of 2010 and its subsequent iteration in 2018. While the intent is laudable, the reality is that spam calls continue unabated. A recent study by Truecaller reinforces this point, revealing that a whopping 93.5 per cent of all spam calls in India are sales or telemarketing calls, according to user reports. Financial services spam constitutes a mere 3.1 per cent, followed by nuisance calls (2.0 per cent) and scams (1.4 per cent).

Tackling the problem: a two-pronged approach

To effectively combat tele-calling spam, a two-pronged approach is necessary.

• Strengthening KYC measures: A deterrent for fraudsters

The lack of robust know your customer (KYC) norms for mobile phone numbers is a major loophole exploited by fraudsters. Currently, many perpetrators operate with impunity because tracing them back to a verifiable identity proves difficult. This has been addressed by stricter electronic KYC (eKYC) for new connections. Implementing eKYC for all mobile phone numbers, both new and existing, would be a significant step forward. A gradual approach could be considered, such as mandating eKYC for mobile recharges where eKYC is not already done. This would avoid placing an undue burden on telecom operators or disrupting legitimate users.

• Regulation and enforcement for marketing spam

While TCCCPR 2018 has curbed a significant amount of SMS fraud by mandating templated messaging, voice calls remain a challenge. The inherent nature of voice calls, coupled with the difficulty of filtering out background noise for template detection, makes voice call moderation computationally expensive.

A significant portion of marketing spam originates from bulk dialing agencies employing robocalls on behalf of clients. The Department of Telecommunication (DoT) has taken a positive step by bringing automated bulk robocalls under the Telecom Equipment Certification (TEC) specification (SR 61054:2021) for Audiotex services. Furthermore, incorporating Audiotex services under the unified licencing regime strengthens regulations and provides a good regulatory framework for innovative value-added service delivery. However, the low application rate for these licenses renders them largely ineffective and permits a big grey market to flourish.

Effective enforcement of this licencing regime is paramount. Telecom operators (access service providers) should obtain undertakings from customers purchasing bulk circuits, ensuring their use is limited to internal operations and not for bulk calling, interactive voice response system (IVRS) or conferencing services offered to third parties. Any such service operating without an Audiotex unified licence violates Section 4 of the Indian Telegraph Act.

Conclusion: A brighter future for telecom in India

India’s vibrant telecom sector is characterised by rapid evolution. While DoT and the Telecom Regulatory Authority of India (TRAI) have proposed practical solutions over time, stricter enforcement and minor adjustments are necessary. By addressing these issues, we can ensure that India’s telecom resources are used for legitimate purposes and contribute to the sector’s positive development in keeping with global developments.