Exclusive: Global messaging giants claim DoT's SIM-binding rules are ‘unconstitutional’ and exceed legal authority

A coalition representing prominent messaging platforms, including WhatsApp (Meta) and Google, has initiated a significant legal battle against the Indian government. They are contesting the newly proposed SIM-binding regulations, claiming that these measures are unconstitutional and represent an unwarranted extension of governmental authority. In a formal letter addressed to the Department of Telecommunications (DoT) and obtained by Business Today, these global messaging entities expressed concerns that the upcoming SIM-binding mandate, scheduled to be implemented on February 28, is legally deficient and surpasses the jurisdiction granted to the ministry by Parliament. The letter critiques the Telecommunications (Telecom Cyber Security) Amendment Rules, 2025, asserting that they are ultra vires, a term indicating actions taken beyond legal power. It emphasizes that the DoT's efforts to regulate digital platforms are misaligned with a law specifically tailored for traditional telecom carriers. The argument made by the industry is that the mere use of mobile numbers for user verification does not classify messaging applications as telecom services under the Telecom Act. This correspondence, representing a notable shift from standard industry consultation responses, suggests that the sector is ready to legally contest the regulations if the government enforces penalties for non-compliance. An insider familiar with the letter's details remarked, "While the industry supports the fight against cyber fraud and digital scams, any regulatory framework must be firmly rooted in the fundamental statute to prevent legal ambiguity." As the deadline for enforcement looms, tensions rise, setting the stage for a possible constitutional confrontation. The outcome of this legal dispute could significantly influence whether India mandates global messaging platforms to make substantial changes to their technical frameworks under the telecom regulatory framework.