Can a Mobile Number which Sends Spam Messages be Sued in India?

Yes, the legal framework in India allows individuals to take action against spam messages sent via mobile numbers. The Do Not Disturb (DND) feature is designed specifically to address this issue. If someone continues to disturb you by sending unsolicited messages despite being registered under the DND feature, you have the right to report these incidents. The Telecom Regulatory Authority of India (TRAI) offers a straightforward process for such complaints, ensuring that the offending mobile number can be deactivated.

How to Report Spam Messages in India

The report can be filed by sending a complaint SMS to 1909, which is the TRAI’s dedicated number for such grievances. The SMS should be formatted in a specific way as detailed below:

Format of Complaint SMS

SMS Template:

"COMP TEL NO XXXXXXXXXX dd/mm/yy Time hh:mm"

Detailed Breakdown:

COMP – Abbreviation for "Complaint." TEL NO XXXXXXXXX – The telephone number or header from which the unsolicited message was sent. dd/mm/yy – The date on which the unsolicited message was received. Time hh:mm – The exact time of receipt of the message.

Legislation and Enforcement

In India, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 provide the legal framework for dealing with unsolicited commercial communications. These rules mandate communication service providers (CSPs), including mobile network operators, to ensure that consumers have the right to opt out of receiving unwanted messages and to report such messages to relevant authorities.

The Role of CSPs and TRAI

Communication service providers are required to comply with the guidelines set forth by TRAI. They are responsible for vetting complaints and taking necessary actions to prevent further harassment. TRAI, as the regulatory body, oversees the implementation of these guidelines and ensures that CSPs fulfill their obligations.

What to Do if You Receive Unsolicited Messages

Here are the steps you can take to address the issue of unsolicited messages:

Register for DND: If you haven’t already, sign up for the Do Not Disturb feature to prevent unwanted calls and messages. Report the Complaint: Use the specified SMS format to report the unsolicited messages to 1909. Seek Legal Advice: Consult with a legal expert to understand your rights and options for filing a lawsuit if necessary.

Conclusion

The legal system in India is equipped to handle cases of unsolicited messages, ensuring that individuals can take legal action against spam messages. By staying informed and utilizing the available resources, you can protect yourself from harassment and take the necessary steps to ensure that your rights are respected.

Keywords: spam messages, unsolicited commercial communications, Do Not Disturb