Legal Question in Telecomm Law in India
Respected Sir
I along with 2 of my friends is running a small software firm. Recently we developed a software which receives SMS from a user and redirects it to a destination number specified by the user. We insert an advertisement in the SMS send by the user. In return the sender is paid 10ps for each SMS he sends.
But an officer of the DoT told us that the process is illegal as its SMS re-routing. We are not allowed to re-route SMS.
This is how our system works. The SMS sender inputs the receivers phone no, his message and send it to a normal 10 digit number. Its a SIM card in a GSM modem. The data is transferred to our server. We transer the data to a bulk SMS sender and bulk sms sender forwards it to the receiver number. So is this process an illegal process of SMS re-routing. Because we just transfer the SMS content to bulk SMS provider, and we are paying the sender for SMS and with his permission we include the advertisement..Please help us over..
1 Answer from Attorneys
Have you received any show cause/ demand notice from DOT?
It is certainly re-routing because you are sending your message ( AD) to the receiver of SMS in addition to your customer's SMS.
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