Last week, things reached a boiling point in the WhatsApp vs government of India legal tussle. In the Delhi High Court, Meta-owned instant messaging platform said that if the government asks to break end-to-end encryption then WhatsApp will have no choice but to leave. However, that’s not the only issue as far as government is concerned. Here are other ‘rules’ that the government wants WhatsApp to keep in mind:
More money, less privacy
According to the government of India, WhatsApp and Facebook cannot claim to protect users' privacy while monetising their data for business purposes. The Ministry of Electronics and Information Technology (MeitY) made this assertion in an affidavit filed with the Delhi High Court, opposing a petition by WhatsApp and Facebook challenging newly amended IT Rules.
Protection of fundamental rights
According to the affidavit, WhatsApp has infringed upon the fundamental rights of Indian users by denying them access to dispute resolution mechanisms within the country. Highlighting clauses related to Dispute Resolution and Governing Law, the Ministry argued that WhatsApp's actions violate user rights.
Furthermore, the Ministry emphasised the importance of implementing the IT Rules 2021, stating that failure to do so would hamper law enforcement agencies’ in tracking down fake messages that could lead to societal unrest.
The government is clear that all social media platforms — including WhatsApp and Facebook — have to be accountable
Social media platforms, as per the government affidavit, need to be accountable to both users and the laws of the countries in which they operate. The government says that no entity could be allowed to infringe upon the fundamental rights guaranteed by the Indian Constitution.
The Ministry also defended the IT Rules, stating that they align with globally accepted norms regarding the responsibilities of intermediaries in the digital sphere. These rules, as per the government of India, establish a concept of "secondary liability" for social media companies. The government argues that even if a platform doesn't create harmful content, it can still be held responsible for failing to remove it if it violates local laws.
Also read: 'WhatsApp goes, if asked to break...' Meta's popular messaging platform tells Delhi High Court
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