High Court removes 200 SMS per day limit for non-commercial messages

The Delhi High Court has quashed TRAI’s order related to 200 SMS per day limit for all mobile users. The court in response to the litigation filed by NGO Telecom Watchdog reversed TRAI’s decision to limit SMS usage per day for non-commercial messages. TRAI had introduced restrictions in sending SMS per day for mobile users to curb unsolicited commercial messages.Initially the limit for sending SMS was 100 per day  which was subsequently increased to 200 per day.  The Court has removed the ceiling for only non-commercial SMS and the limit still remains for commercial messages. The Court mentioned  “it infringes on 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) of the Constitution”. The court has asked TRAI to formulate appropriate guidelines for regulating unsolicited commercial messages that could meet  the test of reasonableness under the constitution.

 

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