WhatsApp says it will exit India if forced to compromise with privacy, Delhi High Court informed
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New Delhi (PTI): The Delhi High Court on Thursday listed for hearing on August 14 petitions by WhatsApp LLC and its parent company Facebook Inc, now Meta, challenging the 2021 Information Technology (IT) rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of information.
WhatsApp informed the Delhi High Court that its more than 400 million users in India primarily rely on the platform for its robust privacy features. The messaging giant said that that it would cease operations in India if compelled to compromise message encryption, a pivotal safeguard ensuring only intended parties can access message content. Representing the Meta-owned company, its lawyer firmly stated to the court, "As a platform, we are stating that if we are mandated to dismantle encryption, then WhatsApp will exit.”
Observing that the matter would have to be argued by the parties, a bench headed by Acting Chief Justice Manmohan asked if the issue has been considered in any other country.
"There is no such rule anywhere else in the world. Not even in Brazil," the lawyer appearing for WhatsApp said, adding that the requirement was against the privacy of users and the rule was introduced without any consultation.
The bench, also comprising Justice Manmeet P S Arora, said privacy rights were not absolute and "somewhere balance has to be done."
Central government counsel said the rule was significant when objectionable content is spread on platforms in cases such as those of communal violence.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were announced by the government on February 25, 2021 and required large social media platforms like Twitter, Facebook, Instagram and WhatsApp to comply with the latest norms.
The bench ordered that the matter be listed for hearing on August 14 to await the transfer of all other petitions challenging several aspects of the 2021 IT Rules to it pursuant to a Supreme Court order.
During the hearing, WhatsApp's counsel said steps have been taken to "contain virality" and it was possible to trace the originator "traditionally" by examining the sequence of senders of a message.
"They say open the entire technology. Is it proportional? I am caught in between," he added.
The counsel also informed the court that all platforms would have to comply with the new data protection law, which deals with collection, processing and sharing of data, once the relevant rules are framed.
In its petition filed in 2021, WhatsApp has said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits "at risk".
WhatsApp LLC has urged the high court to declare Rule 4(2) of the intermediary rules as unconstitutional, ultra vires the IT Act and illegal and sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires enabling the identification of the first originator of information.
WhatsApp said the traceability provision is unconstitutional and against the fundamental right to privacy.
The plea has said the traceability requirement forces the company to break end-to-end encryption on its messaging service, as well as the privacy principles underlying it, and infringes upon the fundamental rights to privacy and free speech of the hundreds of millions of citizens using WhatsApp to communicate privately and securely.
In its reply, the Centre has said the law empowers it to expect such entities to create safe cyberspace and counter “illegal content” either themselves or by assisting the law enforcement agencies.
The Centre has told the court that Section 87 of the Information Technology Act gave it power to formulate Rule 4(2) of the Intermediary Rules which mandates a significant social media intermediary to enable the identification of the first originator of an information in “legitimate state interest” of curbing the menace of fake news and offences concerning national security and public order as well as women and children.
The Centre has also stated that if a platform does not have the means to trace the first originator without breaking the encryption then it is the platform which “ought to develop such mechanism” in larger public duty.
On March 22, the Supreme Court transferred to the Delhi High Court a batch of pleas pending before different high courts across the country challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Several petitions were pending on the issue before different high courts including Karnataka, Madras, Calcutta, Kerala and Bombay high courts.
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BJP worker’s 16-year-old son allegedly casts eight votes in Uttar Pradesh’s Farrukhabad; Video viral
Lucknow (Farrukhabad): A viral video has surfaced showing a 16-year-old son of a BJP worker allegedly casting eight votes to the saffron party during the ongoing general elections in Uttar Pradesh. The video has sparked controversy, and the opposition has urged for prompt action from the Election Commission of India, reports scroll.in.
The video shared by the Samajwadi Party President Akhilesh Yadav on micro-blogging site ‘X’, showed the youngster recording himself while casting multiple times in a series of instances. The incident reportedly took place in Khiri Pamaran village, which falls under the Aliganj Assembly constituency within the Farrukhabad parliamentary seat. Mukesh Rajput, the sitting MP, is the BJP candidate in this constituency. Polling in Farrukhabad occurred on May 13 during the fourth phase of the general election.
In the viral video, the youngster is seen casting eight votes in total, all for the BJP, one by one with different clippings.
The youngster in the video has been identified as Rajan Singh Thakur, confirmed his father, Anil Singh Thakur to the Scroll.in. Anil Singh Thakur is the gram pradhan (village head) of Khiri Pamaran and a member of the BJP.
Anil defending his son told the Scroll that the ‘Video misrepresented his son,’ and claimed that the voting was done when the machine was being tested in some instances and other clipping of him voting on behalf of mentally and physically disabled voters was merged and made into a video.
Despite the Anil's caims, the video has drawn significant criticism. Subhash Chandra Prajapati, the additional district magistrate of Farrukhabad, confirmed to the Scroll that the administration will file a case soon. He mentioned that the returning officer is investigating the matter following a directive from the chief electoral officer in Lucknow.
The opposition has been vocal in its criticism, with Akhilesh Yadav demanding action from the Election Commission. In his social media post, Yadav accused the BJP of undermining the electoral process and described the party's booth committee as a "loot committee." The Congress party also called on the Election Commission to take action, in a ‘X’ post the party wrote, “Dear Election Commission…are you watching..a boy is voting 8-8 times ... .at least wake up now.”
Congress leader Rahul Gandhi, took to ‘X’ to express, “Fearing and seeing their defeat, the BJP is attempting to undermine democracy by pressuring government machinery to deny the mandate. The Congress expects all officers performing election duties to remember their constitutional responsibilities despite any pressure from those in power. Otherwise, once the Indian National Developmental Inclusive Alliance (INDIA) bloc government is formed, actions will be taken to ensure that anyone will think ten times before violating their 'Oath to the Constitution'."
Following the video's circulation, Naval Kishor Shakya, the Samajwadi Party candidate in Farrukhabad, filed a complaint with the district election officer. Shakya's complaint alleges that Rajan Singh Thakur cast votes after snatching voter information slips from other voters and that he was assisted by Dinesh Thakur, the local police station's station house officer. Shakya has called for re-polling at the affected polling center.
In a related incident earlier in May, Gujarat Police arrested two BJP workers for allegedly casting bogus votes and live-streaming the act on social media in the Dahod constituency. The Election Commission conducted re-polling at the affected booth following the incident.
The opposition INDIA bloc, including the Congress and the Samajwadi Party, has repeatedly accused the Election Commission of failing to take prompt action against election model code of conduct violations.
अपनी हार सामने देख कर भाजपा जनादेश को झुठलाने के लिए सरकारी तंत्र पर दबाव बना कर लोकतंत्र को लूटना चाहती है।
— Rahul Gandhi (@RahulGandhi) May 19, 2024
कांग्रेस चुनावी ड्यूटी कर रहे सभी अधिकारियों से यह अपेक्षा करती है कि वो सत्ता के दबाव के सामने अपनी संवैधानिक ज़िम्मेदारी न भूलें।
वरना INDIA की सरकार बनते ही ऐसी… https://t.co/fk4wXL8QZy
