Govt slams WhatsApp terms its lawsuit as unfortunate attempt to stall new law

NewsBharati    27-May-2021
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Delhi, May 27: A day after WhatsApp sued the government over its New IT rules 2021, the Government slammed the US-based Chat messenger app and termed its last moment action as an 'unfortunate attempt' to prevent the norms from coming into effect. The government also added that WhatsApp’s refusal to comply with the new rules is a clear act of defiance.
 
Ministry of Electronics & IT in its statement said, "WhatsApp’s challenge, at the very last moment, and despite having sufficient time and opportunity available during the consultation process and after the rules were enacted, to the Intermediary Guidelines is an unfortunate attempt to prevent the same from coming into effect."
 
 
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IT ministry pointed out that, WhatsApp had sought to mandate a privacy policy, whereas it owns 'New Policy' permits the company to share the data of all its user with its parent company, Facebook, for marketing and advertising purposes.
 
Ministry further slammed the company saying, that WhatsApp defends its refusal to enact the Intermediary Guidelines by carving out an exception that messages on the platform are end to end encrypted.
 
It also clarifies that the new IT rule does not violate any Fundamental Right, including the Right to Privacy. It added that the rules enacted by the Indian government in the public interest are not rules enacted in isolation but have global precedence. It said that what India is asking for is significantly much less than what some of the other countries have demanded.
 
 
 
"Such requirements are only in case when the message is required for prevention, investigation or punishment of very serious offenses related to the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, or public order, or of incitement to an offense relating to the above or in relation with rape, sexually explicit material or child sexual abuse material," the statement said.
 
It emphasised that detection and punishment of the person who started the mischief leading to a serious crime are in the public interest and, therefore, the role of the originator is very important.
 
 
 
 
"Any operations being run in India are subject to the law of the land. WhatsApp's refusal to comply with the guidelines is a clear act of defiance of a measure whose intent can certainly not be doubted," the statement said.
 
 
The government also mentioned that India is not the only country to enforce such a law and, it has been implemented internationally. The UK, the US, Australia, New Zealand, and Canada require social media firms to allow for the 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
 
 
On 25 May, WhatsApp challenged the government's new digital rules saying the requirement for the company to provide access to encrypted messages will break privacy protections.
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