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This is an archive article published on May 10, 2012

Trai defends 200 SMSes per day cap

Defending the 200 SMSes per day cap ,Trai today said it has tried to balance the rights of receiver and sender of messages.

Defending the 200 SMSes per day cap ,Trai today said it has tried to balance the rights of receiver and sender of messages.

Senior advocates Meet Malhotra and Saket Singh appearing for Trai 8212; said that a subscriber enjoys freedom of expression guaranteed under the Indian Constitution,but it has some restrictions also.

8220;Right of a receiver and viewer of SMS is more important8230; he can not have inherent right to send so many messages to any one,8221; said Telecom Regulatory Authority of India Trai counsel,adding that the decision was taken keeping in view the greatest interest of the people.

They submitted that the regulator has taken decision after considering various complaints of unsolicited SMSes received from the consumers.

Trai8217;s submission came during the final hearing of a petition filed by Shiv Sena chief Bal Thackeray8217;s grandson Aditya,who challenged Trai8217;s circular limiting the number of SMSes.

Terming the ceiling as 8220;arbitrary8221; and against the right of freedom of expression guaranteed under the Constitution,Aditya said that as President of Yuvasena 8211; the youth wing of Shivsena 8211; he has to send SMSes to keep in touch with his followers and public,and sought personal exemption from restriction on the number of SMSes per SIM.

Earlier in this matter,TDSAT had issued a notice to Trai directing it to file a reply within two weeks and listed the matter for today.

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Trai permitted sending only 100 SMSes per day per SIM except on blackout days or days specially notified by it.

However,on November 1,2011 it increased the numbers to 200 per day.

 

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