SC refuses urgent hearing on PIL over Kejriwal's protest
New Delhi, June 19 : The Supreme Court on Tuesday declined to hold an urgent hearing of a PIL seeking a direction to the Delhi High Court to expeditiously hear a plea for declaring the sit-in protest at Delhi Lt. Governor Anil Baijal's office by Chief Minister Arvind Kejriwal and others unconstitutional and illegal.
The vacation bench comprising of Justice S. Abdul Nazeer and Justice Indu Malhotra said the matter would be heard on the opening day when court reopens after the summer break even as lawyer Shashank Deo Sudhi, appearing for the PIL petitioner, told the court that there was a constitutional crisis and a vacuum, and the administration was paralysed.
Sudhi appeared for PIL petitioner and advocate Hari Nath Ram, who told the vacation bench that the matter was listed before the Delhi High Court on Monday (June 18) but was directed to be heard next on June 22.
Seeking a direction to the High Court to hear the matter urgently, Sudhi told the bench that politicians were not above the law and there was a threat to the rule of law.
He referred to earlier court pronouncements by which the strikes were held to be illegal.
The lawyer said before the High Court they have prayed that perjury proceedings be initiated against the Lt. Governor and the Chief Minister for making conflicting claims on the strike by the bureaucrats serving in the Delhi government.
Kejriwal along with Delhi Deputy Chief Minister Manish Sisodia, Health Minister Satyendar Jain and Transport Minister Gopal Rai has been camping at the Raj Niwas, the official accommodation-cum-office of Lt. Governor Anil Baijal, since June 11.
Kejriwal has said he and his colleagues would not leave Baijal's office until their demands, which include direction to IAS officers to end their "strike", action against officers who have struck work for "four months" and approval to his government's proposal for doorstep delivery of ration to the poor, were met.
During Monday's hearing, the High Court had sought to know from the AAP government who has authorised Kejriwal and his cabinet colleagues to hold a sit-in protest at the Lt. Governor's office as it was not the place to hold a demonstration.
The bench had said the protesters cannot go inside someone's office or house and go on strike and as such the strike cannot be held inside the Lt. Governor's office.
The High Court has been hearing three separate petitions related to Kejriwal's sit-in protest at the Lt. Governor's office.
One petition was filed by Leader of Opposition in the Delhi assembly, Vijender Gupta seeking direction to Kejriwal to return to work.
Another petition was filed by Hari Nath Ram through his advocate Shashank Deo Sudhi seeking to declare the sit-in protest at the Lt. Governor's office unconstitutional and illegal.
The third plea was filed by advocate Umesh Gupta who sought to end the alleged 'informal strike' by the IAS officers.
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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.
