Vodafone filed an affidavit in a case heard by the Delhi High Court. Paytm filed the petition against telecom networks for not taking any action against the phishing activities. Being that, the petition sought the protection of its customers from phishing activities. Moreover, the plea alleged that various service providers host such activities on their platforms.
However, the affidavit by Vodafone stated that the allegations are misconceived; further pleading the court to dismiss the petition. The Division Bench consisted of Chief Justice DN Patel and Justice Prateek Jalan.
Contentions by Vodafone
Vodafone’s counsel argued against the cause of action for filing the petition. It relates to the events and time when petitioners were themselves not registered on the Distributed Ledgers Technology platform. DLT is India’s first and the World’s largest user of blockchain technology in telecommunications. Moreover, the petitioner approached the Deputy Commissioner of Police; which implies alternate remedy is available, like suing for Intellectual Property Rights violations.
Furthermore, telecom networks cannot either legally or practically access, exercise control, or adjudge the communicated data; whether fraudulent or not. The telecom networks have to face widespread ramifications of DLT. Moreover, Vodafone asserts that the petition tries to camouflage their own non-compliance with the RBI Directions, 2017.
Prior to this, Paytm filled an affidavit on June 24, 2020; it explained the developments which took place. The affidavit highlighted the unabated continuance of Unsolicited Commercial Communications through unregistered telemarketers. Adding to it, the Respondent telecoms assigned headers and SMS content templates similar to that of the petitioners. The affidavit asserted that the Telecom Regulatory Authority of India issued directions under Section 13 of the TRAI Act, 1997. The directions sought a list of headers and associated principle entities by the telcoms. Furthermore, TRAI published an Information Note to the Press on June 22, 2020. Being that, it called for the identification of principle entries involved in sending commercial communication.