The new TRAI regulations which limit users to 100 smses per day.
1 Jan 2010, 00:00
http://www.trai.gov.in/WriteReadData/trai/upload/Regulations/98/regulation1diccndiv.pdf
Page 51, Point 18.
For those unacquainted with the issue:
http://www.medianama.com/2010/12/223-details-of-trai-new-spam-call-and-sms-regulations/
Apart from the part that this is COMPLETELY uncalled for, a sentiment reflected by basically everyone who sends text messages, does anyone see any viable legal angle to challenge this?
Violation of 19(1)(a) anyone?
1 Reply
Hello there. The TRAI regulation could be violative of Article 19(1)(a). Said right includes the right to propagate one’s ideas; in furtherance of such propagation, every citizen has the right to publish his ideas, to disseminate them, and to circulate them, either by word of mouth, or in writing - this right, subject to any law competent under Article 19(2), is not limited to the content of the matter in circulation ; it also extends to the volume of circulation. Therefore, if it can be proved that the restrictions imposed on the exercise of said right, by the regulation, aren’t in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence, Article 19(1)(a) stands violated.
Sources:
1.[url=http://www.indiankanoon.org/doc/243002/\]Sakal Papers [P] Ltd. & Ors.. v. The Union of India [1962 SCR (3) 842][/url], cited by [url=http://www.indiankanoon.org/doc/539407/\]The Secretary, Ministry of Information & Broadcasting v. Cricket Association of Bengal & Anr.[/url].
2. The Indian Constitution.
Hope this helps. :)