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.
