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Modi Govt to tighten laws as WhatsApp rejects demand for software to trace message origin

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Modi Govt to tighten laws as WhatsApp rejects demand for software to trace message origin

Whatsapp has rejected Modi government’s demand for making software to trace origin of a message on its platform, said media reports.

The response has prompted the government to consider issuing new, stringent guidelines by September to amplify the accountability of internet and social media companies under Indian law and to ensure they react quickly to stop the spread of rumours or offensive content on their platforms, according to a report in The Economic Times, quoting an official.

A WhatsApp spokesperson said, “Building traceability would undermine end-to-end encryption and the private nature of WhatsApp, creating the potential for serious misuse. WhatsApp will not weaken the privacy protections we provide.”

People rely on WhatsApp for all kinds of “sensitive conversations”, including with their doctors, banks and families. “Our focus remains on working closer with others in India to educate people about misinformation and help keep people safe,” the spokesperson added.

WhatsApp Head Chris Daniels had met IT Minister Ravi Shankar Prasad earlier this week. After the meeting, Prasad told reporters that the government has asked WhatsApp to set up a local corporate entity and find a technology solution to trace the origin of fake messages circulated through its platform as well as appoint a grievance officer. He acknowledged the role played by the Facebook-owned company in India’s digital story, but was stern that WhatsApp could face abetment charges if it did not take action to tackle the issue of fake news being circulated on its platform.

Daniels had declined to comment on the proceedings after the meeting. Briefing reporters on his talks with WhatsApp’s Daniels, minister Prasad said the company (WhatsApp) has agreed to set up a corporate entity in India, appoint a grievance officer in the country as well as follow the local laws of the land.

The Indian government has served two notices to WhatsApp seeking details of actions it has taken to curb the menace. In its response, WhatsApp had informed that it is building a local team, including having an India head, and has introduced new features to let its users identify forwarded messages.

WhatsApp has also restricted the number of forwards that can be done at a time. Besides, the company is also running advocacy and education programme to help people spot fake news. Last month, WhatsApp top executives, including COO Matthew Idema, met IT Secretary and other Indian government officials to outline various steps being taken by the company on the issue.

Now, with WhatsApp refusing to build software to trace origin of messages, the government is contemplating notification of fresh clauses under existing intermediary guidelines under Section 79 of the Information Technology Act, said ET quoting an official.

“The draft of the guidelines is ready and a legal firm is vetting it. It should be out by September,” the person said.

The proposed guidelines will mandate global internet and social media firms to name a grievance officer in the country tasked with responding to complaints within a few hours, as well as ensure there is traceability of content.

The intermediary guidelines under Section 79 of the IT Act, which was notified in 2011, mandates companies to follow “due diligence” and allowed time up to 36 hours for companies to remove objectionable content and name a grievance officer on its website for response.

However, these guidelines were not stringently enforced. Currently, internet firms such as Google and Facebook, which also owns WhatsApp, are categorised as intermediaries which act as facilitators and do not actively take part in creating or modifying information.

“The ball is now in our court, we have to come out with guidelines under Section 79 of the IT Act and then we can take it to WhatsApp (or any other internet company) and say you are not complying with them,” the government officer told ET. “These will provide us with tools to enforce (things), right now they say that they are endto-end encrypted so can’t trace the origin of messages,” the official said.

The move by the government to mandate the traceability of messages circulated will open up a “can of worms” since the law will also be binding on text messages on cellular networks, said the ET report quoting legal experts.

“The government can’t expect officials of companies to take decisions on content within a few hours, something the courts will take many years to decide,” said Rahul Matthan, partner at law firm Trilegal. “There are some sites such as Facebook which curate the news feed and play some control, and we can put responsibility on them, but all messages don’t need to be reviewed to solve this,” ET quoted him as saying.

The report said privacy experts are of the view that the proposed guidelines, if enforced, could potentially violate the Supreme Court’s past verdict during the 2015 Shreya Singhal judgement.

“The Section 79 rules were subject to review and reading down by the Supreme Court of India in its landmark Shreya Singhal judgment. Any change to them would impact constitutional rights, and requires great care and open discussion,” said Raman Jit Singh Chima, global policy director at Access Now, a digital advocacy group. “It’s unfortunate that the government body tasked to manage this — the Cyber Regulation Advisory Committee –appears to not be meeting or engaging with stakeholders publicly.”

Trilegal’s Matthan said the Supreme Court has asked the government to come up with a law against lynching and not against the messenger. “The legislature can’t amend the concepts which have been laid down by the apex court during the Singhal judgement,” he added.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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