THE DELHI HIGH COURT STEPS IN TO STRIKE DOWN THE ARBITRARY ACTION OF INDIA’S TELECOM REGULATOR, TRAI
Background In September 2009, the Telecom Regulatory Authority of India (the “TRAI”) introduced mobile number portability services (“MNP Services”) in India by issuing the Telecommunication Mobile Number Portability Regulations, 2009 (the “MNP Regulations”). MNP Services allow mobile telephone subscribers to transfer their mobile connection from one telecom service provider to another. Simultaneously, the TRAI also…
INDIA’S SUPREME COURT RULES ON THE CONSTITUTIONAL VALIDITY OF AADHAR
Background On March 26, 2016, the Indian government promulgated the Aadhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the “Aadhar Act”) with the objective of, inter alia, providing good governance, and an efficient and transparent delivery of subsidies, benefits and services, to individuals residing in India by assigning of a…
INDIA’S PROPOSED DATA PRIVACY LAW: A CRITIQUE
On July 27, 2018, the committee of experts under the chairmanship of Justice B. N. Srikrishna (the “Committee”) released a report titled, “A Free and Fair Digital Economy – Protecting Privacy, Empowering Indians” (the “Report”), with its analysis and recommendations on a new data privacy regime for India. Along with the Report, the Committee has…
INDIA’S SUPREME COURT UPHOLDS THE RIGHT TO FREEDOM OF SPEECH AND EXPRESSION
Introduction On March 24, 2015, the Hon’ble Supreme Court of India (the “SC”) pronounced its judgment on constitutional validity of Sections 66A, 69A and 79 of the Information Technology Act, 2000 (the “IT Act”) and the Information Technology (Intermediary Guidelines) Rules, 2011 (the “Intermediary Rules”). The SC declared Section 66A of the IT Act to…
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