The ministry of electronics and IT on Wednesday strongly rebutted WhatsApp’s contention that Rule 4(2) of the new intermediary recommendations is “unconstitutional”, “illegal”, and “ultra vires the IT Act”. It categorically stated that the government has no intention to violate the correct to privacy of customers in situations when WhatsApp would be essential to disclose the origin of a certain message.
In a statement, Meity stated that the requirement for traceability would only be in intense circumstances like prevention, investigation or punishment of really significant offences associated to the sovereignty and integrity of the nation and in relation with rape, sexually explicit material or kid sexual abuse.
The statement stated that even though the government recognises and respects the correct to privacy as a basic correct of the citizens, there are affordable restrictions on such rights and the traceability problem is one such affordable restriction as it is also the government’s duty to retain law and order in the nation.
It also questioned the hypocrisy of WhatsApp stating that even though at one finish it is batting for privacy of users’ information, at the other it seeks to mandate a privacy policy wherein it will share the information of all its user with its parent corporation, Facebook, for advertising and marketing and marketing purposes.
Communications and IT minister Ravi Shankar Prasad stated, “None of the measures proposed by India will impact the normal functioning of WhatsApp in any manner whatsoever and for the common users, there will be no impact.”
The statement stated that soon after October 2018, no certain objection has been made by WhatsApp in writing relating to the requirement to trace the initially originator in relation to significant offences. “They have generally sought time to extend the time for enforcement of guidelines but did not make any formal reference that traceability is not possible,” the statement stated.
It stated that the Rule 4(2) of the intermediary recommendations is not a measure in isolation. The guidelines have been framed soon after consultation with numerous stakeholders and social media intermediaries, which includes but not restricted to WhatsApp. The rule to trace the initially originator of details is mandatory for every and just about every important social media intermediary, irrespective of their process of operation.
The government stated guidelines enacted by it are not in isolation but have international precedence.