New Delhi: The government is considering a wider framework to tackle promotional and unsolicited commercial communications, with the proposed rules potentially extending beyond phone calls and SMSes to messaging apps, OTT platforms, social media, push notifications and other digital services.
The draft framework seeks to strengthen existing safeguards around consumer consent, sender identification and mechanisms to stop unwanted communication. It also introduces provisions covering artificial intelligence, personal data and the responsibilities of businesses and digital platforms.
If implemented, the guidelines could apply to businesses, communication service providers, beneficiaries, named entities and platforms involved in sending commercial messages. Foreign entities and digital platforms could also come under the framework when the recipient is located in India.
Specific Consent Could Become Key
The proposal calls for commercial communication to be based on explicit consent linked to a particular brand, beneficiary or product, or on a registered consumer preference. Consent would need to be freely given, specific, informed and unambiguous, with digital records maintained through a consent mechanism.
The draft also seeks stronger opt out protections. Businesses would be required to provide consumers with a free and effective way to stop promotional messages and act on such requests without unreasonable delay. A possible cooling off period of 45, 60 or 90 days is still under consideration.
Adding users to promotional groups, channels or broadcast lists without explicit consent could also be prohibited.
AI Generated Messages May Need Disclosure
The proposed framework includes specific provisions for AI generated voice and text communications. Commercial interactions using such technology may have to clearly disclose at the beginning that AI generated content is being used.
Businesses and platforms could also face greater accountability for third party agencies, misleading identities, impersonation and unauthorised communication.
The draft proposes grievance officers, record keeping for consent and opt outs, and defined timelines for handling complaints. However, several provisions remain under consideration and the framework is still at the draft stage.
The proposal would operate alongside existing telecom, consumer protection, information technology and data protection laws, including India’s current anti spam framework administered through telecom regulations.
