The messaging application WhatsApp filed a case against the Indian Government over the new information technology guidelines issued for social media platforms and OTT platforms.
On the 26th of May, the Facebook owned WhatsApp sued the Indian Government, saying that user privacy is in its DNA and the company would not share the information related to the “first originator of information” with any Government including India. The lawsuit was filed with the Delhi High Court (HC,) a day after the deadline to compile the new guidelines ended.
According to sources, WhatsApp said the new rules infringe on users’ privacy. The company said, “Some of your most personal moments are shared with WhatsApp, which is why we built end to end encryption into our app. When the end to end encrypted, your messages, photos, videos, voice messages, documents, and calls are secured from falling into the wrong hands.” In the Lawsuit filed, the company also said, “Requiring messaging apps to ‘trace’ chats is the equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp, which would break end to end encryption and fundamentally undermines people’s right to privacy.”
However, with the compilation of the new Information Technology (IT) guidelines for social media platforms, the privacy of the user would be invaded by a third party. On the 25th of February, the Ministry of Electronic and Information Technology ((MEITY) issued a set of guidelines for social media platforms and (over the top) OTT platforms.
The new guidelines issued by the Government of India (GoI,) mandated firms to appoint grievance officers, disclose the first originator of the mischievous information and remove, within 24 hours, content depicting nudity or morphed pictures of women. Concerned about crimes against women and other misuses, the GoI brought a soft touch control over the use.
As per the new rules, social media intermediaries have to appoint a grievance officer, who should register complaints within 24 hours. The grievance redressal official must be resident in India, and monthly compliance reports would be filed by social media platforms.
Social media platforms on being asked by a court or Government would be required to disclose the first originator of the mischievous information. The guidelines would be followed by social media platforms like Facebook,Twitter, Instagram, blogs and other websites. Publishers of news and current affairs content would also be under the scrutiny of these officers.
In addition, the new guidelines also demand tracing the originator and keep a track, which would force private companies to collect and store who said what and who shared what for billions of messages sent each day. Which means collecting more data than they need only for the purpose of turning it over to law enforcement agencies.
WhatsApp said it has sent a reply to the notice of the MEITY after the Ministry directed the Facebook owned platform to withdraw its controversial user privacy policy.
Social media platforms like Twitter, Instagram and Facebook are likely to be blocked in India from the 26th of May. The most used social media platforms, which have billions of users from India, are in big trouble for failing to fulfil the guidelines of the Union Ministry of Electronics and Information Technology.
While announcing the new guidelines, the Ministry set a deadline of the 25th of May and asked these aforementioned digital platform companies to implement the guidelines. However, despite the given three months of time, Twitter, Facebook and Instagram failed to comply with the new guidelines.
Meanwhile, Twitter and Instagram are yet to respond to the Government, as the new set guidelines of the Union Ministry come into effect from today, the 26th of May.
