Opinion | There can be no compromise on India’s digital sovereignty: Ravi Shankar Prasad
Social media platforms like Google, Facebook, WhatsApp, Linked In, Telegram and others, besides Twitter, on Friday agreed to abide by the Indian authorities’s new IT rules. These platforms have determined to nominate chief compliance officer, nodal contact individual and resident grievance officer, to look into complaints from the general public and dispose them of inside 15 days. Twitter, on Friday, provided to nominate an out of doors marketing consultant, a lawyer working in a agency in India as its nodal contact individual and grievance officer, however this was outrightly rejected by the Information Technology Ministry. There are 53 crore WhatsApp customers, 41 crore Facebook customers and practically 1.75 crore Twitter customers in India.
On Friday evening, in my prime time present ‘Aaj Ki Baat’, I had a lengthy interview with Law, Communications and IT Minister Ravi Shankar Prasad concerning the current controversy involving social media platforms. Prasad was emphatic in asserting that any overseas firm, doing enterprise inside India, should observe Indian legal guidelines. He identified that prime bosses of Facebook, Twitter and Google have appeared earlier than the US Senate and UK House of Commons within the latest previous, and that in the event that they can observe the American and British legal guidelines, they need to additionally observe Indian legal guidelines too. There ought to be no scope for double requirements, Prasad stated.
The IT Minister additionally stated that if these corporations can share consumer knowledge with others, why can’t they share knowledge regarding legal instances with Indian regulation enforcement companies. Prasad questioned: if one agrees to the belief that these corporations are mere facilitators or intermediaries, then how can they make judgement about content material posted on their platforms. How can they arrogate to themselves the precise to determine which content material is suitable and which one shouldn’t be? He stated, If social media corporations determine about content material, then they should inform investigation companies the premise on which they took such judgements. Prasad additionally spoke concerning the position of ‘fact checkers’ appointed by corporations like Twitter on this regard. Throughout the interview, he was unequivocal in his stand and issued a stern message: “There can be no compromise on the issue of India’s sovereignty. Our laws, our Constitution shall prevail.”
Here is the complete interview, translated from Hindi, with the Law, Communications and IT Minister Ravi Shankar Prasad in my present ‘Aaj Ki Baat’ on Friday evening:
Question: More than 75 crore Indians use smartphones and have entry to WhatsApp and Facebook. There are speculations that the federal government might win up WhatsApp operations in India.
Ravi Shankar Prasad: Rajat Ji, I need to inform all our countrymen, they should have no apprehension about use of WhatsApp on their telephones. Neither we could cease them from utilizing WhatsApp, nor we could block their opinions. We are solely focusing on a quite simple concern. The authorities has the precise to know the origin of the messages on WhatsApp which might be associated to crime, nationwide safety, crime in opposition to ladies, sexual violence, and so forth. WhatsApp could have the reveal the identification of the originator of such messages. There had been messages regarding mob lynching and Delhi riots. Several messages throughout Delhi riots from throughout the border. WhatsApp should inform us who despatched these messages. If WhatsApp can reveal the identification of originator within the US, UK or Canada, it can additionally reveal the identical right here, in India. We respect the Right to Privacy. After the Supreme Court judgement, I had myself addressed a press convention and welcomed the judgement. The Supreme Court had clearly stated that these indulging in crime, corruption or terrorism have no proper to privateness. Otherwise it’ll be troublesome to stop crimes.
Question: They have stated the brand new IT guidelines are a harmful invasion of privateness for WhatsApp customers.
Ravi Shankar Prasad: In the brand new privateness coverage framed by WhatsApp, there may be provision for sharing knowledge by WhatsApp with different enterprise platforms. Then the place is the precise to privateness? Rajat Ji, you might keep in mind, Facebook had shared 5 lakh knowledge of Indian customers with Cambridge Anayltica. At that point, I had demanded a CBI probe. Later, that firm closed down. If terrorism is promoted, ladies’s honour is tarnished, if there are sexual assaults, if riots unfold with the assistance of social media, then which is extra necessary: Right to privateness, or safety of residents?
Question: But WhatsApp and Facebook are sister corporations, what’s the hurt in sharing consumer knowledge between them?
Ravi Shankar Prasad: Both corporations might be linked with one another, however if you’re writing on WhatsApp, how can they share messages despatched by customers with others? We are clear on the purpose of those 4 predominant subjects. If a criminal offense has been dedicated, WhatsApp might share with regulation enforcers the origin of the messages. Tell me, throughout Delhi anti-CAA protests, didn’t provocative messages on WhatsApp play an enormous position in fomenting riots? People misplaced their lives, properties had been broken..
Question: You are proper. There had been additionally incidents of mob lynching, which had been on account of provocative messages shared on WhatsApp.
Ravi Shankar Prasad: Rajat Ji, I get information from throughout India. In South India, a girl was burnt to dying due to message saying that she used to steal youngsters. Were the messages true? I get appeals from a mom virtually day by day, complaining that obscene movies of her daughter are being circulated by her ex-boyfriend. Should I stay silent? That is the query. You spoke about Twitter. We won’t compromise on the problem of India’s digital sovereignty. Can we permit Twitter to flow into map exhibiting Ladakh as a part of China? Should it take 10 days to take away that map? They blocked Donald trump’s Twitter account when the US Capitol Hill in Washington was attacked by rioters. In India, when folks brandishing swords climb up the Red Fort and assault policemen within the title of farmer protests, you’ll name it freedom of expression? Red Fort is our nationwide heritage, the Prime Minister addresses the nation from there. These are double requirements.
Question: You used harsh phrases in opposition to Twitter by saying India’s picture is being sought to be tarnished.
Ravi Shankar Prasad: Why not? What was Hashtag Modi about? Did the software package come from outdoors or not? Tell me. You your self confirmed that information. There are 100 to 125 crore customers of those platforms. You do enterprise in India, permit folks to specific their opinion, we aren’t in opposition to it. You are free to criticize the Prime Minister, Ravi Shankar Prasad, however in the event you observe double requirements, then you should must observe Indian legal guidelines, our Constitution. We won’t can help you work like East India Company. People had been saying, the place ought to we complain, the place are the names or telephone numbers?
Question: Twitter officers have complained that the federal government is utilizing intimidation ways by way of Delhi Police.
Ravi Shankar Prasad: Delhi Police has already replied to that. The Congress occasion had raised the problem of a software package and now they’re working away from probe. As per Indian legal guidelines, if investigation begins in a case, it’s the responsibility of people or establishments to cooperate within the probe. Police didn’t threaten them, however solely advised them if they’ve info to share, please achieve this. Why shouldn’t they cooperate within the probe?
Question: Won’t they worry if police go to them of their workplace?
Ravi Shankar Prasad: Police had issued them summons. They didn’t seem after which police goes and tells them concerning the summons. What is fallacious in that? I’m saying this once more, all of them, together with Twitter, are welcome to do enterprise in India however then they should observe Indian Constitution and legal guidelines.
Question: I totally agree that in the event that they must do enterprise in India they need to observe Indian legal guidelines, however on the problem below dialogue, Twitter had stated that they had saved many reality checkers who test the veracity of details.
Ravi Shankar Prasad: Rajatji, since you may have raised this, let me full. Twitter is a platform, it has roughly two crore customers, who change views on that platform. If you’re a platform, you additionally attempt to clip the wings of opinion and regulate them. At whose occasion? Fact checkers? Rajatji, please ask your workforce to seek out out who these reality checkers and from the place do they get their cash. Is it essential to hate Modi to be able to change into a reality checker? I’m not naming anyone. Just go and test the profile of all these reality checkers. Their solely goal is to seek out out what to do to be able to criticize Modi, and amongst those that fund these reality checkers, lots of them are brazenly collaborating in anti-India actions. Please inform me the names of these whom they’ve appointed, their telephone numbers, what are the benchmarks on which they’ve been chosen. There is nothing to point out earlier than the general public and but they declare, we’ve carried out the checks. Tell me, you head the News Broadcasters Association? Your title is publicly identified. Anybody having grievance can strategy your affiliation. If a grievance is discovered legitimate, you’re taking motion, whether it is discovered invalid, you reject it.
Question: We recurrently inform viewers about faux or true viral messages. If any content material is posted on Twitter, we do a reality test and inform viewers which one to belief and which to not belief. Many viewers contact us to seek out out whether or not a specific information is true or faux.
Ravi Shankar Prasad: Then I can now say even Rajat Sharma has to maintain reality checkers to seek out out whether or not a information is true or faux. All these occurred due to the Supreme Court verdicts in 2018 and 2019, in Pranjal case and Facebook case. In the 2019 case, Supreme Court clearly stated that social media corporations should share the identification of the originator of message, in instances involving terrorism, sexual assault, ladies’s dignity, and so forth. In 2018, our MPs had taken a dedication from me in Parliament motion will be taken over faux information, insult of ladies, and sexual assault of kids. I had given this promise at the moment.Rajya Sabha chairperson Venkaiah Naidu, on the occasion of members within the House, arrange an all occasion parliamentary committee which went by way of the court docket’s suggestions, ideas from MPs and had an in depth dialogue. Well, Rajat Ji, you retain reality checkers. If a mom appeals to me to cease circulation of obscene visuals of her daughter by her ex-boyfriend, ought to I say no to her? This was the most important concern, for which no recent laws was required. These corporations ought to have carried out on their very own, however that they had their very own requirements to determine whether or not a content material was manipulated or not. How can you describe Ladakh as a part of China? It was Twitter’s responsibility to test.
Question: The impression that’s being given is that Twitter named some content material posted by a BJP chief as manipulated, and that made you indignant, and also you need to deny them of their freedom of expression.
Ravi Shankar Prasad: I need to say it once more politely that on February 25, after we introduced the brand new IT pointers for social media platforms, was there any software package controversy at the moment? Did we make these pointers just for Twitter, or for all social media platforms? You know, most of them have complied with. Indian media companies, together with Koo. I used to be pained due to their double requirements. Twitter or Facebook may have framed this on their very own. Let me given one instance. In 2015, Facebook founder Mark Zuckerberg introduced this Free Basics platform for India. Zuckerberg is a gifted man, he has carried out lot of fine work internationally, I respect him rather a lot. I met him 4 or 5 occasions. He sought our permission to launch Free Basics. I advised him, let me undergo it. I got here to know that when anyone joins Free Basics, they can use solely a single door to affix it. We stated, no, India is a democracy, we imagine in a number of doorways of entry, we can not permit our folks to make entry solely by way of a single door. I didn’t give Facebook the permission. Under Digital India mission, we’ve made inclusivity as our universally accepted commonplace. So that every can have its voice. I can’t converse a lot about Twitter. Let me repeat what I stated yesterday. It is a overseas for-profit firm, I’ve no objection. But allow them to not give us homily about freedom of speech and expression in Indian democracy. This freedom arises from our Constitution, our nice heritage and our judiciary. You are asking me questions right here. I respect your freedom to query.
Question: There is discuss doing the rounds that those that will converse in opposition to the federal government, will be gagged.
Ravi Shankar Prasad: This is baseless. This authorities has seen people like Narendra Modi, late Arun Jaitely, late Sushma Swaraj, Venkaiah Naidu, Rajnath Singh and Ravi Shankar Prasad, and in media, Rajat Sharma. Why did these folks face lathis, go to jail? Because they had been opposing the Emergency. They had been imprisoned as a result of they fought for freedom of media and the folks. So, we’re amongst those that below the management of Lok Nayak Jaya Prakash Narayan fought for freedom of individuals. Now when folks say that their voices are being crushed, I can solely smile and reply: Look at our Prime Minister. He has been going through calumnies and false allegations because the final twenty years. Some folks solely imagine in “Hate Modi”. But if folks elect us each time, what can we do? You had been talking about Twitter. When the ‘Singapore variant’ began trending, Singapore authorities objected, they usually eliminated it inside an hour. When the second wave of pandemic was being named as ‘Modi variant’ by some Congress leaders, what did Rahul say? Movid? What does it imply? It was Twitter’s job to cease. Use the title given by WHO. Do they want us to inform them this level? We needed to concern discover, after which it was eliminated after 3-4 days.
Question: But Rahul Gandhi is utilizing Twitter day by day, in the present day he stated Modi is doing ‘nautanki’ over vaccine concern.
Ravi Shankar Prasad: Some folks used to do politics by way of Twitter, these days they’re doing politics solely on Twitter. But the folks defeat them throughout elections. Let them vent out their spleen on Twitter, however the phrases which might be getting used are unlucky.
Question: Twitter has alleged that there have been many which they had been pressured to dam below strain from authorities. Is this true?
Ravi Shankar Prasad: There is such a provision below Section 69 of Information Technology Act. This was introduced throughout Dr Manmohan Singh’s rule. Rajat Ji, no less than come to me as soon as to have a cup of tea, I’ll present you some tweets after which ask, what ought to I do as IT Minister? Allow riots to proceed? Allow folks to combat within the streets? Allow the nation to face losses? Nowadays it has change into a style to criticize editors, judges, everybody on Twitter. Politicians get abuses day by day. If any person launches a brand new enterprise, rivals begin criticizing it a lot, that the enterprise collapses. These folks come to me and ask: whom ought to we strategy to lodge our grievance? Let me say it once more: Supreme Court had stated in its Pranjal case verdict in 2018 “frame the guidelines quickly”. In the Facebook case, the court docket stated, the originator of messages should be traced.
Question: You’re proper, there are such a lot of faux accounts on Twitter, about which no one is aware of. Anybody can abuse one other by opening a faux account. Will this be put to a cease now?
Ravi Shankar Prasad: I mentioned this with them myself. I advised them you should arrange a consumer verification mechanism. The authorities shouldn’t be concerned on this. You confirm the accounts yourselves. Put a tick mark, as soon as an account is verified, in order that others can know that this account is verified. People may also come to know who the person with large moustaches is? And these, who accounts usually are not verified, will get uncovered. Does it want a UPSC stage preparation to nominate a grievance officer, a nodal officer and a compliance officer? They are personal corporations, they can simply appoint. If there are complaints, dispose them of inside 15 days. If you block any person’s account, no less than give that individual a listening to. The authorities is nowhere concerned on this.
Question: You’re proper. Like we’ve the NBSA (News Broadcasting Standards Authority) for information broadcasters. All complaints go to the grievance officer, and the broadcaster has to ship reply. There is an impartial choose who decides the grievance on deserves. The similar ought to be the case right here.
Ravi Shankar Prasad: Was there any must convey new laws? I really feel good when folks use their sensible telephones to ship messages on this time of Corona. But if they’ve a grievance, ought to they must go to USA? How can they’ve such a view about India?
Question: Throughout the world, they should observe the native legal guidelines.
Ravi Shankar Prasad: They help all these legal guidelines. Here after we exerted strain, they agreed to nominate a grievance officer. You know the place? In Ireland. Nobody even is aware of his title. The regulation is: convey your employees who is aware of the working of your system, in order that he can get rid of all grievances. Whom did Twitter appoint? A lawyer. Do you name this compliance of regulation? You make your earnings in India, your customers can criticize the federal government, however you should observe the Constitution of India and the legal guidelines framed below it.
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