The Evening Wrap: Govt defends IT rules as WhatsApp moves court
| | The Evening WrapWednesday | 26 May, 2021 |  |
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As WhatsApp moves court against new IT rules, govt claims they are meant only for tracing messages linked to 'very serious offences' |
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WhatsApp has moved the Delhi High Court against India's new and stricter IT Rules that require instant messaging platforms to aid in identifying the 'originator' of messages. The petition challenging the constitutional validity of the rules, which come into force on May 26, was filed on May 25. "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," a WhatsApp spokesperson said. The spokesperson added that the messaging platform had consistently joined civil society and experts around the world in opposing requirements that would violate the privacy of its users. 'The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021' were notified on February 25, giving social media platforms three months to comply. The rules state that intermediary providing messaging services will "enable the identification of the first originator of the information on its computer resource" following a judicial order passed by a court of competent jurisdiction or an order passed under section 69 by the Competent Authority as per the Information Technology Act. The government, meanwhile, has said it respects the right to privacy and the requirement of tracing origin of flagged messages under the new IT rules is for prevention and investigation of "very serious offences" related to the sovereignty of India or public order. In a statement, the IT Ministry termed WhatsApp's last moment challenge to the intermediary guidelines as an unfortunate attempt to prevent norms from coming into effect. The UK, US, Australia, New Zealand and Canada require social media firms to allow for legal interception, it said, adding, "What India is asking for is significantly much less than what some of the other countries have demanded." "Therefore, WhatsApp's attempt to portray the Intermediary Guidelines of India as contrary to the right to privacy is misguided," the official statement said. Govt cites national security to deny RTI request on Twitter noticeThe Union government has cited national security concerns to deny a Right to Information request seeking details of last month's notice sent to Twitter directing it to block certain tweets. It said its notice was empowered by a legal provision allowing information to be blocked if it harmed the country's sovereignty, defence, foreign affairs or public order. In response to an April 23 notice from the Ministry of Electronics and Information Technology (MeitY), Twitter blocked 50-odd tweets on the Modi government's handling of the Covid-19 pandemic, including tweets by a West Bengal Minister, Congress leaders, and a film maker. Bihar-based RTI activist Kanhaiya Kumar filed an RTI application three days later, asking about the legal provisions under which the tweets were blocked. In its response on Wednesday, the MeitY said that Section 69A of the Information Technology Act, 2009 empowered the government to block information from public access in the interest of the country's sovereignty, integrity, defence, security, friendly relations with foreign States, public order or for preventing incitement to the commission of any cognisable offence relating to the above. Kumar asked for a copy of the notice sent to Twitter and sought details of the Twitter handles, specific tweets and the total number of posts for which action was sought via the notice sent to Twitter. He sought a copy of all correspondence between Twitter and the government on the matter, a copy of the action taken report submitted by Twitter in response to the notice, and a copy of all file notings related to the issue. He further asked for information on whether a similar notice directing blocking of posts was sent to other social media platforms. The MeitY refused to provide any information in response to these questions, saying that as Section 69A of the IT Act and its matters "are related to National Security, sovereignty and integrity", it attracted the provisions of Section 8(1)(a) of the RTI Act. This clause allows for the exemption of "information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence." The Ministry response comes even as Twitter continues to defy the Centre's latest notice to remove its "manipulated media" tag from BJP leaders' tweets referring an alleged "Congress toolkit" on the government's handling of the pandemic. IMA sues Baba Ramdev for ₹1,000 crore over disparaging remarks on allopathyThe Indian Medical Association (IMA) has served a defamation notice on Baba Ramdev for making disparaging remarks against allopathy and allopathic doctors, and has demanded an apology from him within 15 days, failing which it said it will demand a compensation of ₹1,000 crore from the yoga guru. The six-page notice served on behalf of IMA (Uttarakhand) secretary Ajay Khanna by his lawyer Neeraj Pandey describes the remarks by Ramdev as damaging to the reputation and the image of allopathy and around 2,000 practitioners of it who are part of the association. Terming the remarks of the yoga guru a "criminal act" under Section of 499 of the Indian Penal Code, the notice demanded a written apology from him within 15 days of its receipt, or else a compensation of ₹1,000 crore will be demanded from him at the rate of $50 lakh per member of the IMA. The notice has also asked Ramdev to make a video clip contradicting all his false and defamatory allegations, and circulate it on all the social media platforms where he had uploaded his earlier video clip levelling the allegations. It has also asked the yoga guru to withdraw a "misleading" advertisement from all platforms endorsing "Coronil kit", a product of his firm, as an effective medicine for Covid-19, failing which an FIR and a criminal case will be lodged against him by the IMA. In major lapse, U.P. villagers who got Covishield in first dose vaccinated with Covaxin in second doseTwenty villagers in the eastern Uttar Pradesh district of Siddharthnagar were administered Covishield vaccine in their first dose and Covaxin in the second. The incident took place during a vaccination drive in a primary health centre in Barhni block. Ramsurat, a resident of Audahi Kala village, said he received Covishield on April 1. However, he was given a shot of Covaxin for his second dose on May 14. "They did not check anything. The ASHA [worker] was standing elsewhere," he told reporters. Ramsurat said he is now afraid of possible side-effects. While 18 persons were from his village, the two others were from another village. A probe is being carried out. Chief Medical Officer Siddharthnagar Sandeep Chaudhary said a clarification was being sought from officials on the ground after a probe was conducted into the lapse. Action would be taken accordingly. "It is a lapse because there is no guideline by the government of India that a cocktail [of vaccines] can be administered," the CMO said. While he said the 20 people did not face any problems, he was monitoring the issue. Farmers hold nationwide protests, reiterate demands for repeal of three farm lawsNationwide demonstrations were held by farmers who burnt effigies of the Narendra Modi government and raising black flags to mark six months of their sit-in agitation at Delhi's borders demanding the withdrawal of the three farms laws and the guarantee of Minimum Support Price (MSP). The Samyukta Kisan Morcha (SKM), a coalition of hundreds of farmer unions, had given a call to observe a "Black Day" on May 26 across the country to mark six months of the farmers' protest. Twelve Opposition parties had on Sunday issued a statement in support of the call. Led by the All India Kisan Sabha (AIKS) national president Ashok Dhawale, several leaders of the outfit held a "Black Flag" demonstration and burnt the effigy of the Modi-led Bharatiya Janata Party government in New Delhi. Among others, AIKS general-secretary Hannan Mollah and finance secretary P. Krishan Prasad were also present at the demonstration. Farmers, including women, also held black flags, raised slogans and burnt effigies of the Modi government at the Singhu and Ghazipur borders in Delhi. Ignorant bigots in power destroying Lakshadweep, says Rahul; 8 local BJP leaders resignCongress leader Rahul Gandhi on Wednesday threw his weight behind the people of Lakshadweep as he accused "ignorant bigots in power" of destroying the islands, PTI reported. His statement came a day after the Congress demanded the immediate removal of Lakshadweep administrator Praful Patel, alleging that he was not only destroying the peace and culture of the islands, but also "harassing" the people by imposing arbitrary restrictions. "Lakshadweep is India's jewel in the ocean. The ignorant bigots in power are destroying it. I stand with the people of Lakshadweep," Rahul Gandhi tweeted on Wednesday. The Congress has also alleged that the Administrator is allowing liquor on the islands, which is prohibited till now, and has brought in the Prevention of Anti-Social Activity (PASA) Act with the objective of harassing locals, besides taking away powers of panchayats, and was carrying out demolitions under new provisions brought in by him. Meanwhile, at least eight office-bearers of the Lakshadweep BJP unit have resigned from the party in protest against Patel's arbitrary actions. The Lakshadweep unit of the BJP had written to Prime Minster Narendra Modi on April 20, conveying their grievances against Patel. Covid watch: Numbers and DevelopmentsThe number of reported coronavirus cases from India stood at 2,73,07,826 at the time of publishing this newsletter, with the death toll at 3,13,382. Evening Wrap will return tomorrow. |
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