Kashmir: Cozy partnership snaps off
It hasn’t been too long since United Nations cautioned India against the violation of human rights in Jammu and Kashmir, stating India and Pakistan together were engaged in quashing the human rights of the people of the valley. UN had expressed inclination to probe these cases. Though India had refuted the charges against itself, the fact that India was cautioned by UN is a blot on the country’s image. This is the result of having tried to tame the tiger of a PDP and BJP coalition in Jammu and Kashmir.PDP has always assumed soft stance towards the separatists. That party declared Afzal Guru as a martyr, and have always been open about their preferences towards separatists. BJP entering into a coalition with this party itself was a bad precedence. This meant that BJP joined hands with separatists, by taking their side. More than anything else, RSS and Sangh Parivar began to interfere with people’s impressions about the valley and its politics. They began to scratch old wounds and blood began to ooze out.
Rightists spoke of ghettoization of Kashmiri Pandits, and banning cow slaughter and such emotionally manipulative things. This contributed greatly towards increasing the magnitude of fears and hurt Kashmir was already experiencing. More than anything else, citizens of Kashmir who came out to protest were deemed as extremists. The government tried to build a negative public opinion against everything that was happening here. The deployment of pellet guns against protesting civilians became a topic of discussion at international level. Killing of Burhan Wani, didn’t go down too well and sent tempers flaring in Kashmir. It was the first time that the massive support began to pour out in support of an extremist. Extremists used the fact that a civilian being tied as human shield to police jeep, much to their advantage and to build a public opinion against the ruling dispensation. The government failed to identify the difference between disobedient civilians and extremists.
BJP never tried to get to the pulse of Kashmir, instead the party tried to generalize the whole problem by making statements such as the stone-pelting civilians were doing so since they were paid for it by detractors. More than this, the party also tried defending demonetization saying the step had brought down stone-pelting incidents in Kashmir. This had an impact on local businesses too. People, mainly the youth lost jobs. Extremists and trouble makers began drawing the jobless youth towards them. But by the time the central government realized what fiasco it had created, things had gone so beyond control that the United Nations took cognizance of the matter and even addressed it in a meeting. By this time, BJP and PDP had realized they had to restrategise their coalition.
PDP didn’t want to speak against separatists, let along acting against them. The party couldn’t take a stance against police and army meting out assaults against civilians in the area. The Kathua incident laid bare the discontentment PDP nursed against BJP. The rape of a 9 year old child by members of Hindu organisations, to ‘teach a lesson to her community’ earned international shame for the nation and held mirror to inhumanity in Kashmir. In the meantime, Sangh Parivar members took out a rally in support of the culprits when they were arrested. PDP insisted that two of the BJP MLAs who were also ministers who supported this rally must be thrown out of the government. This caused great embarrassment to BJP. After this, PDP made no bones about its differences of opinion with its ally. BJP also felt peace won’t return to the valley with its force exerting tactics. This ceasefire was also one of strategies government adopted to bring some peace into the area.
Though BJP has differences of opinion on this matter, its attempt to engage with the extremists may send wrong signals. BJP fears the opposition backlash if it decides to hold talks with the separatists. Hence having known neither force, nor talks can ensure peace in Kashmir, BJP decided to withdraw the support unable to ride the tiger of coalition. This is also to ensure BJP goes to Lok Sabha polls cleaner than before. Now both partners have parted ways with Kathua case as the pretext. The divorce is through. But a bad precedence has been set about Kashmir at international level. United Nations has already trained its eyes on Kashmir over human rights violation. Unless people wholeheartedly accept India as home, it is impossible to ensure Kashmir’s unflinching integrity towards India. The political parties need to understand this simple truth.
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CCI slaps Meta with Rs 213 crore fine over WhatsApp’s 2021 privacy policy update
New Delhi, Nov 18: The Competition Commission of India (CCI) on Monday imposed a penalty of Rs 213.14 crore on social media major Meta for unfair business ways with respect to WhatsApp privacy policy update done in 2021.
Besides, the competition watchdog has directed Meta to “cease and desist” from anti-competitive practices.
Meta and WhatsApp have also been asked to implement certain behavioural remedies within a defined timeline to address the anti-competition issues, according to a CCI order.
The regulator has called for implementing various remedial measures, including barring WhatsApp from sharing data collected on its platform with other Meta companies or Meta company products for advertising purposes for five years.
Among other directions, CCI has said that sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India.
The Competition Commission of India (Commission) on Monday imposed a penalty of Rs 213.14 crore on Meta for abusing its dominant position,
Passing the order against abuse of dominance, the Competition Commission of India (CCI) said this (penalty) relates to how WhatsApp's 2021 Privacy Policy was implemented and how user data was collected and shared with other Meta companies.
For the case, CCI delineated two relevant markets -- OTT messaging apps through smartphones in India, and online display advertising in India. "Meta Group operating through WhatsApp was found to be dominant in the market for OTT messaging apps through smartphones in India. "Furthermore, it was also found that Meta holds a leading position compared to its competitors in online display advertising in India," CCI said in a release.
Starting from January 2021, WhatsApp notified users about updates to its terms of service and privacy policies.
The in-app notification, effective from February 8, 2021, stated that users were required to accept these terms, including expanded scope of data collection as well as mandatory data sharing with Meta companies, to continue using WhatsApp.
Under the previous privacy policy dated August 25, 2016, WhatsApp users were given the option to decide whether they wanted to share their data with Facebook, the release said.
"However, with the latest policy update in 2021, WhatsApp made data sharing with Meta mandatory for all users, removing the earlier option to opt-out. As a result, users had to accept the new terms, which include data sharing with Meta, in order to continue using the platform," it added.
The watchdog has concluded that the 2021 policy update by WhatsApp on a "take-it-or-leave-it" basis constitutes an imposition of unfair condition under the Competition Act, as it compels all users to accept expanded data collection terms and sharing of data within Meta Group without any opt out.
"Given the network effects and lack of effective alternatives, the 2021 update forces users to comply, undermining their autonomy, and constitutes an abuse of Meta's dominant position. Accordingly, the Commission finds that Meta (through WhatsApp) has contravened Section 4(2)(a)(i) of the Act," it said.
Further, CCI said that sharing of WhatsApp users' data between Meta companies for purposes other than providing WhatsApp Service creates an entry barrier for the rivals of Meta and thus, results in denial of market access in the display advertisement market.
According to the regulator, Meta has engaged in leveraging its dominant position in the OTT messaging apps through smartphones to protect its position in the online display advertising market in contravention of the competition law.
CCI has barred WhatsApp from sharing data collected on its platform with other Meta companies or Meta company products for advertising purposes for five years and the debarment period will start from the date of receipt of this order.
With respect to sharing of WhatsApp user data for purposes other than advertising, the regulator said WhatsApp's policy should include a detailed explanation of the user data shared with other Meta companies or Meta company Products.
"This explanation should specify the purpose of data sharing, linking each type of data to its corresponding purpose," it said.
The watchdog also said that sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India.
Regarding sharing of WhatsApp user data for purposes other than for providing WhatsApp services, CCI said all users in India (including users who have accepted 2021 update) will be provided with the choice to manage such data sharing by way of an opt-out option prominently through an in-app notification.
Also, the regulator has asked for the option to review and modify their choice with respect to such sharing of data through a prominent tab in settings of WhatsApp application, and all future policy updates should comply with these requirements.
