Rein in OTT spam with unified, enforceable communication rules

In a world increasingly shaped by digital communication, protecting consumers from unsolicited and often harmful messages has become not just a regulatory obligation but a national imperative. While India’s telecom sector has made significant strides under stringent oversight to curb spam and fraudulent communication, Over-The-Top (OTT) platforms continue to operate with minimal checks and balances. This regulatory vacuum undermines consumer trust and poses serious risks to privacy and national security.

In February 2025, a critical amendment to the Telecom Commercial Communication Customer Preference Regulations introduced a suffix-based header system for commercial SMS. Under this framework, all SMS communications now carry suffixes to identify whether the message is promotional, transactional, service-related, or from the government. This change has brought a new level of transparency, allowing recipients to recognise the nature of incoming messages instantly. More importantly, it strengthens spam mitigation, supports regulatory compliance, and enhances consumer protection.

However, while these reforms enhance accountability and safeguard telecom subscribers, they also highlight a glaring inconsistency: OTT communication platforms remain outside the ambit of such regulation.

The Growing Unseen Problem of Spam on OTT Platforms

As communication OTT apps become deeply embedded in our lives, they have also become breeding grounds for unsolicited marketing messages, scam attempts, and phishing attacks. In contrast to SMS and voice services, which are subject to categorisation and filtering norms, OTT platforms often lack similar consumer protection protocols. Because many of these apps rely on end-to-end encryption, tracing the source of spam or malicious messages is often not feasible.

This is giving rise to a troubling dual standard. Telecom Service Providers (TSPs) invest heavily in infrastructure, comply with strict regulatory norms, and shoulder significant costs to maintain communication security. Meanwhile, OTT players offer equivalent services—messaging, calling, file sharing—without bearing the same regulatory responsibilities or operational overheads.

How Dark Patterns Undermine User Autonomy

Making matters worse is the growing use of so-called “dark patterns” on OTT and streaming platforms. According to recent industry reports, many of these platforms intentionally design user experiences to make it difficult to cancel subscriptions. Techniques may include burying the cancellation button within obscure menus, requiring numerous steps to opt out, or masking charges behind vague notifications. These manipulative design practices not only frustrate users but may also be in breach of India’s Consumer Protection Act and the E-Commerce Rules, which mandate that cancellation options be accessible and clear.

A recent LocalCircles report found that nearly 50% of users find it difficult to unsubscribe from OTT platforms, underscoring the scale of the issue. Legal experts have echoed these concerns, pointing out that the Consumer Protection (E-Commerce) Rules, 2020 require platforms to make cancellation processes easily accessible. OTTs employing such convoluted procedures could soon face regulatory scrutiny, if not class-action lawsuits. Yet, the lack of enforcement continues to embolden these practices.

This is not merely a consumer rights issue—it may also be anti-competitive. By locking users into auto-renewals and obscure cancellation loops, OTT platforms reduce users' ability to switch services or compare alternatives. This distorts healthy market competition and may skew the digital economy in favour of monopolistic behaviour.

Telecom Versus OTTs: An Uneven Playing Field

The disparity in regulatory treatment between TSPs and OTTs has created an uneven playing field. TSPs are required to comply with data retention mandates, enable lawful interception, and ensure traceability of communications—all of which entail substantial operational costs. OTT platforms, despite relying on the same telecom infrastructure to deliver their services, face no such obligations. They do not contribute to the cost of maintaining the network, nor are they held to the same standards for consumer protection. This inconsistency raises a fundamental policy question: Why should one group of service providers be held accountable while another offering similar services remains exempt?

More concerning is the growing national security risk posed by unregulated OTT communications. Encrypted services with little oversight have already been linked to fraudulent schemes, misinformation campaigns, and even serious criminal activity. Without a unified framework to govern both TSPs and OTT platforms, these risks will likely continue to escalate.

The Rising Consumer Risks of Digital Imbalance

At the centre of these issues are the consumers, who must navigate rising volumes of spam messages, unsolicited marketing, and exposure to fraud. While telecom subscribers benefit from regulations such as Do Not Disturb (DND) services and the new header-based SMS labelling system, users of OTT platforms are largely left to fend for themselves.

The Ministry of Home Affairs’ annual report for 2023–24 revealed that, in the first quarter of 2024 alone, over 80,000 complaints were registered concerning cyber fraud via the top three communication OTT platforms. Unlike SMS, where spam is strictly monitored, OTT spam frequently goes unreported and unaddressed, leaving millions of users vulnerable.

Further exacerbating consumer distress is the opaque and aggressive monetisation model employed by some OTTs. Subscription terms are often revised without adequate notice, and consent for additional charges is frequently buried in fine print. This lack of transparency amounts to digital manipulation and is drawing growing scrutiny from consumer bodies and regulators alike.

Why Unified Regulation is Now Unavoidable

The solution is straightforward: there must be a unified consent and compliance framework that applies uniformly across all communication platforms, regardless of the delivery method. OTT communication platforms should be brought under the same or complementary regulations that govern telecom services.

Such a framework should enforce mandatory message labelling and categorisation across platforms, standardise opt-in and opt-out procedures, and establish uniform complaint redressal systems for spam and fraud. OTT platforms should also be required to contribute proportionally to the cost of the telecom infrastructure they utilise. Additionally, subscription models must follow clear disclosure norms, and cancellations should be made simple, with no hidden conditions.

The aim is not to inhibit innovation, nor to introduce unnecessary bureaucracy, but to create a level playing field—one that protects consumers, strengthens the digital economy, and upholds national security.

Strengthening Digital Rules for Equal Protection

India has made commendable progress in regulating spam and commercial communication within the telecom sector. But these efforts risk becoming ineffective if a large portion of the communication ecosystem continues to operate unchecked. OTT communication platforms have undeniably transformed how we connect, but this convenience must not come at the expense of consumer rights, transparency, or safety.

With the rise of dark patterns, mounting consumer grievances, and loopholes being exploited, the time has come for policymakers to act. Extending regulatory oversight to OTT communication services is the logical next step in India’s digital governance journey. All service providers must be held to the same standard, and all users must be afforded the same level of protection. Anything less risks undermining the integrity of both the industry and the billions who depend on it every day.

The author is a decorated military veteran who retired as the Signal Officer-in-Chief, the head of the Indian Army’s ICT division. He was also the first CEO of the Telecom Sector Skill Council and is the Director General of the Cellular Operators Association of India (COAI).