SMS business - Legality & Validity
Jolly Shah
(Querist) 21 August 2009
This query is : Resolved
My client is a businessman dealing in SMS business over internet and having very good market for his product. People visit his website and buy SMS pack of their choice. He is visionary and now has developed a unique software which gives user offnet SMS pack to be used to market one's own products.
Whether (1) My client, (2) SMS Receiver, (3) Customer of my client, or (4) Mobile Service Provider - is liable for anything within Business Law, Civil Law or Criminal Law or any other statute for any kind of damage that would be occure to SMS receiver. (may be wrong SMS or non-interested or harrassing SMS etc)
Kiran Kumar
(Expert) 21 August 2009
i think if he is giving Online Service then he can be covered with in the definition of Service Provider under the Information Technology Act.
but it should also be noticed that the content, if objectionable, being sent can not always be monitored by him, moreover the person who sends such content can be recognised by having access to IP no. of his computer.
but your client must ensure that the service is not being misused for anti India purposes by terrorists etc.
another thing is if he is sending advertisement based messages to the recievers then he should be covered by the TRAI guidelines regarding DO NOT CALL REGISTRY.
Sarvesh Kumar Sharma Advocate
(Expert) 21 August 2009
mr.jolly,
yes if cyber crime is their then in anywhere in ur client's business then itis a offence and if concent of sms receiver in not with u then consumer,civil law is also against ur client and also sms provider.
Arul Kumar
(Expert) 21 August 2009
He may be covered by Information Technology Act, TRAI, The Indian contract Act, Service Tax and Civil and Criminal laws as applicable.
Shashikant V. Patil
(Expert) 22 August 2009
Our leaned friends are correct. And basically , if any wrong doing/illegality occurs in this type of business may covers under the Cyber Law.
Jolly Shah
(Querist) 22 August 2009
How can I save my client's Business? - Mrs. Jolly Shah (Advocate)
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
