Thursday, December 12, 2013

Tata Teleservices Limited (TTL) And Airtel Are Violating Indian Cyber Law

Tata Teleservices Limited (TTL) and Airtel are violating IT Act 2000 and complaints have been filed against them at Department of Telecommunication (DoT) and Telecom Regulatory Authority of India (TRAI).  Both Tata Teleservices Limited (TTL) and Airtel have failed to observe cyber law due diligence as required by the Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011 (PDF).

As per the provisions of the Information Technology Act, 2000 both these companies and the defaulting officials are liable to be prosecuted. Even their telecom licences under the regulations of DoT can be suspended/cancelled and fine be imposed by DoT for these violations.

Once the matter has been brought to the notice of DoT and regulatory authorities like TRAI, even they are under an obligation to investigate the issue on their own. They must ascertain how much the telecom companies like TTL and Airtel are following Indian laws and the conditions of their licences.

However, DoT has taken a very soft stand against these big telecom companies so far. As a result these companies are taking Indian laws for granted as they are well aware that DoT would not touch them easily.

In 2007, DoT had found involvement of Vodafone, Airtel and Idea in a case where the three had sold bulk connections to third parties who in turn were selling those SIM to retail subscribers and in the process flouted certain rules. DoT is also learnt to be in process of issuing fresh show cause notice to these companies. DoT must also issue show cause notices to TTL and Airtel for violating the provisions of IT Act 2000 and not complying with the same in true letter and spirit.