‘Foreign entity’ WA can’t contest Indian law: Govt

‘Foreign entity’ WA can’t contest Indian law: Govt

Abhinav.Garg@timesgroup.com

New Delhi:23.10.2021

The Centre has opposed petitions by WhatsApp and its parent firm Facebook challenging the new IT Rules for social media by terming the global messaging platform as an “out and out foreign commercial entity”.

In an affidavit filed before the Delhi HC, the Centre said being a foreign commercial entity, WhatsApp can’t challenge the constitutionality of an Indian law, adding the firm doesn’t have a place of business in India and is engaged in the business of propagating information created by its users.

“Constitutionality of a provision of law cannot be challenged by a foreign commercial entity on the ground of it being violative of Article 19 rights. The said rights are only available to citizens,” the affidavit submitted.

Defending the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and its proviso allowing traceability of the originator of a message, the government said it is meant to help law enforcement prevent offences.

SC notice to former MD of Twitter India

The Supreme Court on Friday agreed to hear UP government’s plea against the Karnataka HC order quashing notice of personal appearance issued former Twitter India MD Manish Maheshwari over an allegedly offensive video on the platform. The SC issued notice to Maheshwari who was transferred to the company’s US office. P 11

‘WA has tech to trace sender sans affecting other users’

Citing earlier Supreme Court rulings, the government said it is duty bound to take all steps necessary to identify people who create and circulate electronic information on sexual crimes. It also questioned the claim of WhatsApp that traceability will lead to breaking the end-to-end encryption feature of the platform, saying there is technology available with the company to trace the sender or the creator of a message without intercepting other users.

“Under its privacy policy, personal data of users would be shared with Facebook, which can be used for profiling. Such profiling is also feasible on political and religious views and can be used for any activity which can harm security of the nation, besides affecting individual privacy,” it said.

The Facebook-owned WhatsApp said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts endto-end encryption and its benefits “at risk”. It has urged the HC to declare Rule 4(2) of the Intermediary Rules unconstitutional, ultra vires to the IT Act and illegal and sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires to enable the identification of the first originator of information.