The Delhi High Court today set aside the cap of 200 SMSes per day sent through a
mobile phone SIM for personal communications but upheld the curb on unwanted
commercial SMSes 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) insofar 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.
"We are, therefore, of the opinion that the impugned provision (of Telecom Regulatory Authority of India (Trai) insofar 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.
