Court lifts ban on 200 SMS/day cap

Delhi court has lifted ban on 200 sms/day, which was imposed earlier. The court however upheld the curb on unwanted commercial SMSs saying they infringed the “equally” important right to privacy of “unwilling recipients.

“We are, therefore, of the opinion that the impugned provision (of Telecom Regulatory Authority of India (TRAI) in so far as it covers non-UCCs (Unrestricted Unsolicited Commercial Communications) SMS in the present form as it exists, infringes the freedom of speech of the citizens.
“And the conditions imposed upon the freedom of speech is not reasonable which would be protected under Article 19 (2) (which deals with reasonable restrictions of freedom of speech) of the Constitution,” a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said.

TRAI earlier exempted M2M and P2M from the limit of 200 SMS/day and recently exempted services like JaxtrSMS, Latlong & Hike (BSB) from 200 SMS/day limit.

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