WhatsApp challenges India’s customer protection rules
26 May 2021
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Facebook-owned WhatsApp is reported to have moved court against the government’s insistence that social; media platform comply with rules that are meant to protect customer’s privacy concerns, saying the new media rules would mean end of its free run.
WhatsApp has moved the Delhi High Court, challenging a provision which will enforce the messaging service to provide authorities with the “identification of the first originator of the information” - a provision which requires to effectively supervise its platform.
In public, however, the IT giants Facebook and Google have adopted a non-confrontationist posture, saying they are trying to comply with the rules.
Twitter, however, has not made any comments on it complying with the rules. Twitter is facing police probe over the alleged 'COVID toolkit', and has asked it to share information based on which it had classified a related tweet by BJP spokesperson Sambit Patra as “manipulated media.”
A Facebook spokesperson said the social media platform remains committed to people's ability to "freely and safely express" themselves on its platform, meaning that it does not respect rules set by Indian government.
"We aim to comply with the provisions of the IT rules and continue to discuss a few of the issues which need more engagement with the government. Pursuant to the IT rules, we are working to implement operational processes and improve efficiencies," said a Facebook spokesperson.
The new guidelines issued by the government of India mandated a grievance redressal system for over the top (OTT) and digital portals in the country.
Facebook, however, is biding time saying it will continue to discuss the few issues "which need more engagement" with the government.
The social media giant issued the statement ahead of the deadline to comply with rules to regulate digital content featuring a code of ethics and a three-tier grievance redressal framework.
In a statement, a Facebook spokesperson said the social media platform remains committed to people's ability to "freely and safely express" themselves on its platform.
On February 25, the Centre framed the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, in the exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011, which will come into effect from May 26.
The new guidelines issued by the government of India mandated a grievance redressal system for over the top (OTT) and digital portals in the country.
Briefing the media about the new rules on 25 February, union minister Ravi Shankar Prasad said that though the government welcomes criticism and the right to dissent, "it is very important for the users of social media to have a forum to raise their grievance against the misuse of social media."
Under the new rules, social media platforms should have a grievance redressal mechanism. They will also have to name a grievance officer who shall register the grievance within 24 hours and resolve such grievances within 15 days.
The government had said that if there are complaints against the dignity of users, particularly women - about exposed private parts of individuals or nudity or sexual act or impersonation etc - social media platforms will be required to remove that within 24 hours after a complaint is made.
As per the guidelines, first, the social media platforms will have to have a chief compliance officer residing in India responsible for ensuring compliance with the act and the rules.
Second is a nodal contact person who should reside in India for 24X7 coordination with law enforcement agencies. Also, social media platforms have to appoint a resident grievance officer who shall perform the grievance redressal mechanism as indicated. They also will have to publish a monthly report about the number of complaints received and the status of redressal.
