Member from same region to fill US seat in HR Council: UN
United Nations, June 21 : The seat in the UN Human Rights Council (UNHRC) vacated by the US will be filled by a member from the same regional group. A spokesman for Miroslav Lajcak, President of the UN General Assembly (UNGA), announced this on Wednesday.
The General Assembly resolution that established the Human Rights Council in 2006 does not contain any reference to possible withdrawal by members from the council, said Brenden Varma, the spokesman.
But the resolution provides for geographic distribution of the 47 members of the council, he said. Therefore, the vacancy left by the US will have to be filled through election in the General Assembly of a candidate from the Western European and others group, he said.
As the US is the first member to withdraw from the Human Rights Council, there is no past practice in terms of procedures for withdrawal or for replacement, said Varma. "Now we are looking into possible next steps."
But as the first step, he said, the General Assembly is waiting for the official notification of the US on its withdrawal.
On reports of Russia putting itself forward for candidature, Varma said the country does not qualify as it was not from the concerned regional group.
Notification of candidature would normally go to the UN Secretariat before the General Assembly President can decide on an election. There is no timeframe for such an election, said Varma.
It remains unclear where a replacement will be determined as the current session of the General Assembly is wrapping up its business.
The members of the UN Human Rights Council are elected each year in the General Assembly for staggered three-year terms on a regional group basis. The US was in the middle of its 2016-19 term when it announced its withdrawal on Tuesday.
Lajcak regretted the US withdrawal.
"The President of the General Assembly, Miroslav Lajcak, regrets the decision of the US to withdraw from the Human Rights Council," Varma said in a statement.
UN Secretary-General Antonio Guterres also regretted the US decision.
"The secretary-general would have much preferred for the US to remain in the Human Rights Council. The UN's Human Rights architecture plays a very important role in the promotion and protection of human rights worldwide," said a spokesman for Guterres.
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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.
