Facebook, WhatsApp’s IT Rules Challenge: Delhi High Court Asks Centre to Respond to Pleas

The Delhi High Court Friday asked the Centre to reply to pleas by Facebook and WhatsApp challenging the new IT rules for social media intermediaries requiring the messaging app to “trace” chats and make provisions to identify the first originator of information. The pleas have challenged the new rules on the grounds that they violate the right to privacy and are unconstitutional. A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice and asked the Centre through the Ministry of Electronics and Information Technology to file reply to the petition.

Facebook and WhatsApp's new challenges to IT Rules

The petitions have said that the rules violate Article 19 (1) of the Constitution of India (right to freedom of speech and expression) and 20 (1) of the Indian Constitution (right to equality), and the right to life and personal liberty and property. The matter would be next heard on February 6.

 

Why the new rules are invalid

Advertising According to the rules, which were notified by the DoT on March 27, WhatsApp or any other messenger service provider shall also have to develop and implement a ‘localisation plan’ for India in collaboration with the National Informatics Centre, within six months from the commencement of the regulations. These rules state that “The specified entity shall maintain the records of all transactions and messages sent over the messages service and shall retain the records of all transactions and messages for a minimum of six months, in an orderly and accurate manner”. It also mandates the messaging service providers to ensure that the messages, in any form, are not stored more than six months or more than 90 days from the date of transmission.

 

How it violates our privacy

The Centre said that at present the high court has not been passed a final order and notices have been issued to WhatsApp, Facebook and Google. “Issue a notice to the petitioners (WhatsApp, Facebook and Google),” the bench told the counsel appearing for the Ministry of Electronics and IT. According to the petitioners, the new rules passed by the government on November 27 has caused “irreparable injury” to them as they are “averse to interception of their messages by the government agencies for reasons of privacy,” adding that such warrants will not be valid in emergencies or where the life of the person is in danger. “The government has no right to do this,” the petitioners, including NGO Fight For People, said in the plea.

 

What we can do to stop this violation

Read more here. Revenue from information ministry Amazon, Flipkart and Snapdeal sold more than Rs 10,000 crore of products through their platforms during the festive sale, the revenue ministry has said, in a new update on income from the non-tax revenue departments. Read more here. Facebook, WhatsApp’s IT Rules Challenge: HC Asks Centre to Respond to Pleas The Delhi High Court Friday asked the Centre to reply to pleas by Facebook and WhatsApp challenging the new IT rules for social media intermediaries requiring the messaging app to “trace” chats and make provisions to identify the first originator of information. Read more here. IT rules to hit Indian e-tailers’ bottom line Internet companies such as Amazon.

 

Conclusion

The judgment of the UK Supreme Court on the validity of the UK’s Investigatory Powers Act is probably the most-discussed legal verdict of the year and its conclusions could have far-reaching consequences for the digital privacy of Indians. The landmark judgment will have a material impact on India’s status in future as the second largest market for personal privacy and protection for personal data. The Supreme Court (SC) held that, in enacting the Investigatory Powers Act, the UK government had not transgressed into any area of the rights given under Articles 8 or 10 of the Constitution.

Comments
Umar pirmansyah - Aug 30, 2021, 12:51 AM - Add Reply

Mantap

You must be logged in to post a comment.

You must be logged in to post a comment.

About Author
Recent Articles
Mar 4, 2024, 4:12 PM Manish Singh Sinsinwar
Mar 4, 2024, 3:42 PM Manish Singh Sinsinwar
Mar 3, 2024, 9:38 PM Manish Singh Sinsinwar
Mar 3, 2024, 9:24 PM Manish Singh Sinsinwar
Mar 3, 2024, 8:34 PM Manish Singh Sinsinwar
Mar 3, 2024, 8:20 PM Manish Singh Sinsinwar