Highlighting the right to privacy is not correct and has reasonable restrictions. And, government termed the American messenger App named WhatsApp to challenge the upcoming IT rules, as a Defiance act. Also, claimed the Facebook Owned company of attractive in an unfortunate way to protect the implementation of the new law governing the companies of social media.
Operations that are run in India are according to the law of the land. The refusal of WhatsApp to obey guidelines is a clear defiance act of measure and their intents cannot be doubted. The government also said combative rebuttal against the decision of the company to petition the court in opposition to the latest rules. They said the company to give out the actual source of an inflammatory and unlawful viral message in 72 hours.
The allegations that the rollout of the upcoming laws will impact the citizen privacy as WhatsApp should away from the end-to-end encryption of the Users. Ravi Shankar Prasad who is IT Minister told the government is committed to making sure the privacy right to all the citizens. And, at the same time, it is the government’s responsibility to maintain order and law and make sure national security.
Then, he said according to the judicial dictum, there is no fundamental right that includes the Right to privacy, it is a reasonable restriction and correct. The needs in the intermediary guidelines concern to the first information originator are the example of reasonable restriction.
The rule to detect the first information originator is essential for every important social media intermediary instead of their operation method. It can be done via breaking encryption or other technical measures.
Such needs are in the case when the message is needed for the investigation, prevention of critical offense related to the integrity and sovereignty of India.
The government also said that in the case of riots and mob lynching, etc. there have been examples of repeated messages which are recirculated and circulated whose intent are already in the public domain.
According to the intermediary guidelines, the information originator can be detected in a case where other remedies are proven to be not effective which makes it a final resort measure. This information can be sought according to the law sanction. Hence, the attempt of WhatsApp to show the intermediary guidelines of India as opposed to the right to privacy is misguided.
The Indian government claimed that it is not just the country to follow the laws but it has been also implemented internationally. In July 2019, the government of the US, Australia, UK, Canada, and New Zealand issues a message that should use encrypted services and product design where the government with the right legal authority can has the access to data in a usable and readable form.
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