Whether it's Modi govt's new IT Rules or Twitter-Facebook-Whatsapp championing user privacy, both sides have sidelined users and claimed the ability to represent their rights.
At the heart of WhatsApp's petition against the Modi govt's new IT rules is the right to privacy, and this case could prove to be an important test of its application in India.
'Right to be forgotten' is the right to have publicly available personal info removed from internet search, databases, websites or other public platforms once it's no longer relevant.
The plea states that the 'tracing provision' in Indian govt's IT rules for social media intermediaries violates the rights to privacy and free speech of millions of WhatsApp users.
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.
Aadhaar Act was ruled constitutional in 2018, after the 2nd-longest hearing in SC history. However, in 2019, a 5-judge bench expressed doubts about the verdict approving its passage as a Money Bill.
Calls for diluting safe harbour protections for internet intermediaries, though well-intended, lead to deleterious implications on the fundamental right to free speech and user privacy.
The plea seeks direction to the Union Law Ministry to formulate a gender-neutral legislation or amend existing laws to expressly criminalise revenge porn, morphing & impersonation.
Given the broad consensus in India on national security, currently raised to the level of a frenzy, it is understandable that judges do not wish to be alienated.
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