Swamy seeks to be impleaded in case against ED officer probing Aircel-Maxis
New Delhi, June 20: BJP leader Subramanian Swamy on Wednesday moved the Supreme Court, seeking to be impleaded in a public interest plea, alleging an Enforcement Directorate (ED) officer, probing the Aircell-Maxis case, possesses disproportionate assets.
As Swamy sought the nod of the court to be impleaded in the pending PIL, the vacation bench of Justice S. Abdul Nazeer and Justice Indu Malhotra asked him to mention it next week on Monday (June 25) as Justice Malhotra recused herself from hearing the plea.
Telling the court that the apex court, by its earlier order, had directed the investigation into the matter be completed within six months which are ending on July 12, he argued that allegations against ED officer Rajeshwar Singh were aimed to delay the investigation and the said officer was protected by the top court on several occasions earlier.
On June 5 on a PIL by Rajneesh Kapur, the vacation bench of Justice Adarsh Kumar Goel and Justice Ashok Bhushan agreed to examine the plea alleging that Rajeshwar Singh has acquired disproportionate assets but no action was being initiated against him as he was protected by certain orders of the court passed in 2014 and 2017.
The petitioner had contended that the order of the top court protected Rajeshwar Singh against any mala fide or frivolous complaint but cannot be an absolute bar against any of his actions in breach of law.
Kapur had said that the top court could itself look into the allegations of disproportionate assets through an independent mechanism.
Saying that it would consider the prayer that the top court may itself look into the material against the ED officer, the court had on June 5 asked Additional Solicitor General Maninder Singh to assist the court on the next date of hearing after obtaining necessary instructions.
Directing the listing of the matter before the appropriate bench, the court had also directed that the entire material relating to the allegation of the ED officer possessing disproportionate assets be placed before it.
Expressing its displeasure over investigation not being completed in a "serious" matter involving 2G cases, the top court by its March 12 order had directed that the "investigations shall be completed within six months in all the cases and on all the aspects of the matter and no stone shall be left unturned in this regard and all guilty shall be booked."
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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.
