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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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Farmers leave protest site on Noida Expressway, police remove barricades

The farmers temporarily shifted their protest to Ambedkar Park but threatened to resume their march towards the national capital, if their demands were not met on time.

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Farmers leave protest site on Noida Expressway, police remove barricades

Hundreds of farmers, who gathered for Delhi Chalo march over several demands agreed to vacate the protest site on Monday evening, allowing traffic movements along the Noida-Greater Noida expressway.

Reportedly, after a meeting with the Noida authorities, Bhartiya Kisan Parishad leader Sukhbir Khalifa, who is spearheading the protests, decided to give the Centre a week’s time to fulfill the farmers’ various demands, including a legislation on Minimum Support Prices (MSPs). The protestors temporarily shifted their protest to Ambedkar Park but threatened to resume their march towards the national capital, if their demands were not met on time.

Earlier on Monday, massive traffic snarls caused inconvenience to commuters crossing the Delhi-Noida border, as police set up multiple barricades to avert the farmers from Uttar Pradesh from marching towards the Parliament complex. 

After the farmers’ gathered near the Mahamaya flyover in Noida on Monday afternoon, some of them broke a few barricades and attempted to continue with their march. The protest is being supported by the Kisan Mazdoor Morcha (KMM), the Samyukt Kisan Morcha (SKM) and other farmer organisations.

Shivhari Meena, Joint CP Law and Order Noida, Shivhari Meena, told a news agency that the farmers had announced the Delhi Challo march today and they were continuously holding talks with them. She added that the farmers have told their demands to the officials and officials have given them an assurance. 

Additional Commissioner of Police, Eastern Range of Delhi Police,Sagar Singh Kalsi, had told a news agency that owing to farmers’ protest, they have made strong and robust arrangements at all major, minor borders in East Delhi.

Beside a legal guarantee on the MSP, the protesters are demanding farm loan waiver, pension for farmers and farm labourers, no hike in the electricity tariff, withdrawal of police cases and justice for the victims of the 2021 Lakhimpur Kheri violence, reinstatement of the Land Acquisition Act, 2013 and compensation to the families of the farmers who died during a previous agitation in 2020-21.

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Amid Chief Minister suspense, BJP appoints Finance Minister Nirmala Sitharaman, former Gujarat CM Vijay Rupani as central observers for Maharashtra

The oath-taking ceremony for the new government is set for the evening of December 5 at Azad Maidan in Mumbai, with Prime Minister Modi in attendance.

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Amid Chief Minister suspense, BJP appoints Finance Minister Nirmala Sitharaman, former Gujarat CM Vijay Rupani as central observers for Maharashtra

The BJP on Monday appointed Union Finance Minister Nirmala Sitharaman and former Gujarat Chief Minister Vijay Rupani as central observers for its legislature meeting in Maharashtra to select its leader. This comes amid ongoing suspense over Maharashtra’s next Chief Minister.

More than a week after the BJP-led NDA, also called Mahayuti, secured a landslide win in the Maharashtra assembly elections, the new government is yet to be sworn in. BJP leader Devendra Fadnavis is expected to be elected as the legislature party leader in a meeting scheduled for December 3. Reportedly, all BJP MLAs have been directed to be present in Mumbai for the event.

In the Assembly Elections, the Mahayuti alliance secured 230 out of 288 assembly seats, with the BJP winning 132 seats, Eknath Shinde’s Shiv Sena claiming 57, and the Ajit Pawar-led NCP taking 41 seats. The oath-taking ceremony for the new government is set for the evening of December 5 at Azad Maidan in Mumbai, with Prime Minister Modi in attendance.

Notably, the BJP is proceeding cautiously as the aspirations of its allies, especially the Shiv Sena, have risen following the massive election victory. Despite Eknath Shinde’s push for unity within the Mahayuti, some allied leaders have expressed differing views.

Former Union minister and BJP leader Raosaheb Danve said that if the undivided Shiv Sena and BJP had contested the elections together, they would have secured more seats. Shiv Sena MLA Gulabrao Patil also claimed that the Eknath Shinde-led party would have won 90-100 seats had Ajit Pawar’s NCP not been part of the alliance, provoking a strong response from the Ajit Pawar-led party.

The BJP legislature party meeting to elect the leader, who will be the party’s chief ministerial pick, is yet to be held even though Shiv Sena and NCP have elected Eknath Shinde and Ajit Pawar as their legislature party leaders, respectively. Meanwhile, a senior Mahayuti leader said the allies will jointly decide whether only the Chief Minister and deputy CMs will take oath on December 5 or ministers will also be sworn in.

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Eknath Shinde cancels meetings again, Ajit Pawar flies to Delhi to meet BJP leaders

The Shiv Sena leader did not return to his official residence, Varsha, and had been staying in his native village in Satara over the weekend.

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Eknath Shinde cancels meetings again, Ajit Pawar flies to Delhi to meet BJP leaders

The conundrum over finalising the next Maharashtra Chief Minister continues after 10 days as caretaker Chief Minister Eknath Shinde cancelled his meetings today as he was unwell. Earlier on November 29, the Shiv Sena leader cancelled a crucial meeting of Mahayuti, and unexpectedly left for his village in Satara district. Meanwhile, NCP leader Ajit Pawar headed to Delhi to meet with top BJP leadership over government formation.

Reportedly, Eknath Shinde, who was supposed to attend a meeting of Mahayuti leaders to finalise the portfolio allocations, is down with a throat infection and fever. The Shiv Sena leader did not return to his official residence, Varsha, and had been staying in his native village in Satara over the weekend. The meeting is scheduled to be held on Tuesday.

The Mahayuti alliance, comprising the BJP, Shiv Sena and Ajit Pawar-led NCP, swept the November 20 Maharashtra Assembly election, winning 230 of 288 seats, the results of which were declared on November 23. The BJP secured a massive 132 seats, while Shinde Sena and NCP’s Ajit Pawar faction got 57 and 41 seats, respectively. Reportedly, Ajit Pawar may discuss the Maharashtra government formation and portfolio allocations with the top BJP leadership in Delhi today.

In another major development, Eknath Shinde’s son and Shiv Sena MP Shrikant Shinde rejected reports of a demand for the Deputy Chief Minister post for him. Shrikant Shinde called the reports baseless rumours and said he was not in any race for any ministerial post in Maharashtra.

His clarification came after speculation arose that he would be considered for the Deputy Chief Minister’s post. Taking to X, Shrikant Shinde wrote that the swearing-in ceremony of the coalition government has been a bit delayed and currently there is a lot of discussion and rumours. He added that caretaker Chief Minister Eknath Shinde went to the village for two days and rested due to ill health, and so the rumours flourished. 

He continued that the news that he will be the Deputy Chief Minister has no truth in it and is baseless. The Shiv Sena MP mentioned that he got the chance to become a Cabinet minister after the NDA’s victory in the Lok Sabha elections and asserted he had no desire for a position in power.

He stated that after the Lok Sabha elections, he had a chance to become a minister in the central government. However, he thought about working for the party and refused the ministerial post even then. He added that he is not in the race for any ministerial position in the state.

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