Advisory for removing content/applications which are abetting offences by contravening provisions of Telecommunication Act, 2023 for Social Media platforms and Application Hosting platform

No. 2-23/2023-AI_DIU Government of India Ministry of Communications Department of Telecommunications (AI & DIU Wing)

Room No. 1414, 14th floor, Sanchar Bhawan Dated February 18, 2025 at New Delhi

Social Media Platforms and Application Hosting Platforms

Subject: Advisory for removing content / applications which are abetting offences by contravening provisions of Telecommunication Act, 2023 - regarding.

It has been brought to the notice of Department of Telecommunications that an influencer has used a social media platform to tell people how to change their Calling Line Identification (CLI) number while making calls so that the called party sees some other number. Technically this is tampering of telecommunication identification and called CLI spoofing.

2. Your kind attention is invited to Section 42 (3) (c) of the Telecommunications Act, 2023 which specifically bars tampering of telecommunication identification. Further, Section 42 (3) (e) prohibits a person from obtaining subscriber identity modules or other telecommunication identification through fraud, cheating or impersonation. Section 42 (7) of the said Act envisages that such offences are cognizable and non-bailable notwithstanding anything contained in the Code of Criminal Procedure, 1973. Under Section 42(3), such offences are punishable with imprisonment for a term which may extend to three years, or with fine which may extend up to fifty lakh rupees, or with both. Section 42 (6) of the act also envisages same punishment for those who abets any offence under the Act.

3. Any application that allows to tamper telecom identifier (like CLI, IP address, IMEI etc.) is abetting users in committing an offence by contravening provisions of Telecommunication Act, 2023 and therefore Social media platforms and Application hosting platforms are required to remove such content / applications that allows or promotes tamper of telecom identifier (like CLI, IP address, IMEI etc.) in contravention to the provisions of the Telecommunication Act, 2023. In addition to removing such content / applications action against such entities may also be initiated under Section 42 of the Telecommunications Act who are involved in making/promoting such content / applications that aid commitment of offence under the Telecommunication Act, 2023.

4. All Social media platforms and application hosting platforms shall comply with this advisory and submit compliance to email id dirdiu-dot@gov.in latest by 28 Februray, 2025.

Digitally signed by VIVEK VISHWAKARMA (Vivek Vishwakarma) Director (AI & DIU) Ph: 011- 23372740