The Internet and Mobile Association of India (IAMAI) has written to the Telecom Regulatory Authority of India (TRAI) over the proposed amendments to spam regulations, calling them a case of ‘regulatory overreach’ with potential implications for digital businesses and platform economics. TRAI, Internet and Mobile Association of India,
In a statement responding to the Draft Telecom Commercial Communications Customer Preference (Third Amendment) Regulations, 2026, IAMAI said the proposals seek to regulate over-the-top (OTT) platforms despite such services falling outside the definition of telecom services under the TRAI Act. The association argued that extending regulatory control to OTT applications raises questions around jurisdiction and could set a precedent for expanding oversight beyond statutory limits.
IAMAI flags legal overreach concerns
The industry body also flagged provisions that allow action against intermediaries under the Information Technology Act, 2000, including the possibility of stripping platforms of safe harbour protections. IAMAI added that TRAI does not have the authority to enforce provisions of the IT Act or alter intermediary liability frameworks.
The industry body which includes tech and telecom giants like Airtel, Meta and Google has raised another key concern which relates to the proposed requirement for OTT platforms to share user-generated spam data with telecom access providers. IAMAI said such a mandate would amount to ‘unconstitutional expropriation’ of proprietary data, as these datasets are built through significant investments and constitute valuable intellectual property. Forcing companies to share this data, it argued, could undermine their fundamental right to carry on business.
Industry seeks alignment with DPDP consent rules
The association also pointed to inconsistencies between the draft regulations and the Digital Personal Data Protection Act, 2023, particularly on the issue of user consent. It recommended aligning the consent framework with the data protection law, which allows consent to remain valid until its purpose is fulfilled or withdrawn by the user. Such harmonisation, IAMAI said, would reduce compliance burdens and ensure seamless legitimate communication between businesses and consumers.