Hours after WhatsApp filed a lawsuit in Delhi High Court towards new IT guidelines, the Government on Wednesday mentioned that ‘no Fundamental Right, including the Right to Privacy, is absolute’. However, the Centre mentioned that the federal government recognises that ‘Right to Privacy’ is a Fundamental Right and is dedicated to guarantee the identical to its residents.
“On this issue, Union Minister Shri Ravi Shankar Prasad has stated that “the Government of India is committed to ensure the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security. Minister Shri Ravi Shankar Prasad also stated that “not one of the measures proposed by India will impression the conventional functioning of WhatsApp in any method in any respect and for the widespread customers, there shall be no impression,” a press release issued by the federal government mentioned.
“Rule 4(2) of the Intermediary Guidelines is not a measure in isolation. The rules have been framed after consultation with various stakeholders and social media intermediaries, including but not limited to WhatsApp,” it added.
What WhatsApp mentioned in lawsuit
In its lawsuit, WhatsApp challenged the federal government’s new digital guidelines saying the requirement for the corporate to present entry to encrypted messages will break privateness protections.
The petition, filed on Tuesday night, seeks declaring the rule requiring the message service supplier to determine the primary originator of any message flagged as a violation of privateness rights supplied by the structure.
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“Requiring messages 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,” a spokesperson of the corporate mentioned in a press release.
“We have consistently joined civil society and experts around the world in opposing requirements that would violate the privacy of our users,” he added.
“We will also continue to engage with the Government of India on practical solutions aimed at keeping people safe, including responding to valid legal requests for the information available to us,” WhatsApp spokesperson mentioned.
What are the brand new guidelines
The petition got here simply as the brand new digital guidelines kicked in. Non-compliance with the foundations might take away authorized safety of social media firms similar to Facebook, Twitter, YouTube, Instagram and WhatsApp for person content material posted on their platforms. The new guidelines have been introduced on February 25 with a deadline of three month to comply.
They beforehand loved immunity for content material posted by any third social gathering person on their platforms. The new guidelines require them to take down any content material flagged by the authorities inside 36 hours, and arrange a mechanism to reply to complaints.
They are additionally required to use automated processes to take down pornography.
(With PTI inputs)