Delhi High Court Directs TRAI To Strictly Enforce Curbs Against Unsolicited Commercial Communications

The Delhi High Court today disposed of a petition by Paytm's holding company One97 Communications Ltd against phishing attacks on various mobile networks, directing telecom regulator TRAI to ensure "complete and strict" implementation of the Telecom Commercial Communications Customer Preferences Regulations (TCCCPR), 2018.

The 2018 regulation seeks to curb unsolicited commercial communications (UCC).

The bench of Chief Justice DN Patel and Justice Jyoti Singh also directed the telecom service providers (TSPs), which include state-run Bharat Sanchar Nigam Ltd (BSNL), Reliance Jio, Airtel and Vodafone, to ensure strict compliance with the regulation issued by TRAI in this regard.

The bench, said, "We direct Respondent 2 (TRAI) to ensure complete and strict implementation of the TCCCP Regulations of 2018 and other related regulations issued from time to time to prevent unsolicited commercial communications over the networks of the TSPs."

One97 Communications had moved the Delhi High Court with the plea that telecom operators were not blocking phishing activities over various mobile networks. Appearing for One97, Sr. Adv. Dushyant Dave, told the court that it may dispose of the matter, directing TRAI and Telecom Service Providers to implement and comply with the 2018 Regulation in this regard, upon which the service providers assured the court of present and future compliance by them with the Regulations.

Phishing is the fraudulent practice of sending emails, messages or calls, purporting to be from reputable companies in order to induce individuals to reveal personal information, such as passwords and credit card numbers, online.

In India, Sections 66C and 66D of the Information Technology Act, 2000 deal with phishing as a cyber crime.