The government on Wednesday staunchly defended its new digital rules<\/a>, saying the requirement of messaging platforms<\/a> such as WhatsApp<\/a> to disclose origin of flagged messages does not violate privacy, and went on to seek a compliance report from social media firms. 一天后WhatsApp德里高等法院提起了一项诉讼,挑战新的数字规则为由,要求该公司提供加密的消息将打破隐私保护,部长Ravi Shankar Prasad说,新准则不会影响正常功能的免费短信平台。 周三政府坚定地为其辩护新的数字规则说,消息传递的要求平台如WhatsApp披露的起源标记信息不违反隐私,并寻求从社交媒体公司合规报告。
A day after WhatsApp<\/a> filed a lawsuit in the Delhi High Court challenging the new digital rules<\/a> on grounds that the requirement for the company to provide access to encrypted messages will break privacy protections, IT Minister Ravi Shankar Prasad<\/a> said the new norms will not impact normal functioning of the popular free-messaging platform.
The requirement of tracing origin of messages under new IT rules is for prevention and investigation of \"very serious offences\" related to sovereignty and integrity of India and security of the state, a statement from his ministry said.
Separately, the ministry asked social media companies such as Facebook, Twitter, YouTube, Instagram and WhatsApp to report their status on compliance with the new rules, which kicked in from Wednesday.
The new rules, announced on February 25, require large social media platforms<\/a> to follow additional due diligence, including the appointment of chief compliance officer, nodal contact person and resident grievance officer.
Non-compliance with rules would result in these social media companies losing their intermediary status that provides them exemptions and certain immunity from liabilities for any third-party information and data hosted by them. In other words, they could be liable for criminal action in case of complaints.
Sources with knowledge of the matter said the ministry asked the social media companies to immediately provide details and contact information of the chief compliance officer and resident grievance officer.
The ministry in the statement termed WhatsApp's last moment challenge to the intermediary guidelines<\/a> as an unfortunate attempt to prevent the norms from coming into effect.
The UK, US, Australia, New Zealand and Canada require social media firms to allow for 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<\/a> of India as contrary to the right to privacy is misguided,\" the official statement said.
The government recognises that 'Right to Privacy' is a fundamental right and is committed to ensure the same to its citizens, it said.
The statement quoted Prasad as saying that the government \"is committed to ensure the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security.\"
Prasad also stated that \"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 Government respects the Right of Privacy and has no intention to violate it when WhatsApp is required to disclose the origin of a particular message.
\"Such requirements are only in case when the message is required for prevention, investigation or punishment of very serious offences 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 offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material,\" the statement said.
It said the requirements in the intermediary guidelines pertaining to the first originator of information are an example of \"reasonable restriction\".
The ministry noted that after October 2018, no specific objection has been made by WhatsApp to the government in writing over the requirement to trace the first originator in relation to serious offences.
The company had generally sought extension of the timeline for enforcement of guidelines but did not make any formal reference that traceability is not possible, the statement said.
\"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.
On one hand, WhatsApp sought to mandate a privacy policy<\/a> wherein it will share the data of all its user with its parent company, Facebook, for marketing and advertising purposes, while on the other, the platform makes every effort to refuse the enactment of the Intermediary Guidelines necessary to uphold law and order and curb the menace of fake news, the statement noted.
\"As a significant social media intermediary, WhatsApp seeks a safe harbour protection as per the provisions of the Information Technology Act.
\"However, in a befuddling act, they seek to avoid responsibility and refuse to enact the very steps which permit them a safe harbour provision,\" the statement pointed out.
The Centre's strong response comes after WhatsApp filed a lawsuit in the Delhi High Court challenging the government's new digital rules. WhatsApp argues that the requirement for the company to provide access to encrypted messages will break privacy protections.
In the note to the social media companies, seen by PTI, the ministry said, \"As you including your parent company or any other subsidiary, provide a variety of services in India some of which falls within the definition of SSMIs (significant social media intermediaries) in the context of the IT Act and the aforesaid Rules. Accordingly, as part of ascertaining the compliance to these Rules, you are requested to provide the following information...\"
Apart from details such as the name of the app, website, and service falling within the scope of a significant social media intermediary, the ministry has sought details of the three key personnel, as well as the physical contact address of the platform in India.
It has asked the platforms to report on the status of compliance with the new rules.
\"If you are not considered as SSMI, please provide the reasons for the same including the registered users on each of the services provided by you. The Government reserves the right to seek any additional information, as may be permitted within these Rules and the IT Act,\" it said.
The ministry has asked large social media companies to confirm and share their response at the earliest \"and preferably today itself\".
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新的数字规则:立即报告合规地位,中心要求社交媒体公司
一天后WhatsApp在德里高级法院提起诉讼挑战新的数字规则为由,要求该公司提供加密的消息将打破隐私保护,部长Ravi Shankar普拉萨德说,新准则不会影响正常功能的免费短信平台。
另外,铁道部要求Facebook等社交媒体公司,Twitter、YouTube、Instagram WhatsApp,报告他们的地位在遵守新规则,在从周三开始踢。
2月25日公布的新规定要求大型社交媒体平台跟随其他尽职调查,包括任命首席合规官节点接触人,居民不满官。
不符合规则会导致这些社交媒体公司失去中介地位提供豁免和某些免于责任任何第三方主持的信息和数据。换句话说,他们可以承担刑事诉讼的投诉。
知情人士表示,商务部要求社交媒体公司立即提供详细信息和联系信息的首席合规官和居民不满。
外交部在声明中称WhatsApp挑战的最后时刻中介机构的指导方针作为一个不幸的试图阻止规范生效。
英国、美国、澳大利亚、新西兰和加拿大要求社交媒体公司允许合法的拦截,它补充说,“印度要求明显比其他一些国家要求”。
”因此,WhatsApp试图描绘中介机构的指导方针印度与隐私权是被误导了,”官方声明中说。
政府承认,“隐私权”是一项基本权利,致力于确保其公民也一样,它说。
声明援引普拉萨德说,政府“致力于确保所有公民的隐私权但同时也是政府的责任维护法律和秩序,确保国家安全。”
普拉萨德还说,“没有一个印度提出的措施将会影响的正常运作WhatsApp在任何方式,对于普通用户来说,不会有影响。”
“政府尊重隐私的权利,无意侵犯时WhatsApp要求披露的起源是一个特定的消息。
“需求只有这样当所需的信息是预防、调查或处罚很严重的罪行有关印度的主权和完整性,国家的安全,与外国的友好关系,或公共秩序,或煽动犯罪的有关上述或在与强奸,色情材料或儿童性虐待材料,”声明说。
它说中介指导方针的要求与第一个发起者的信息是“合理限制”的一个例子。
卫生部指出,2018年10月后,没有特定的反对由政府WhatsApp在写作要求跟踪第一个发起者与严重的罪行。
公司通常寻求扩展的时间表执行准则,但没有做出任何正式的参考,可追溯性是不可能的,该声明说。
“任何操作运行在印度受到法律的土地。WhatsApp拒绝遵守指导方针是一个明显的挑衅行为的测量的目的当然不是可以怀疑,”声明说。
一方面,WhatsApp寻求授权隐私政策在将分享与其母公司数据的用户,Facebook,营销和广告的目的,而另一方面,平台力求拒绝中介指导方针的制定需要维护法律和秩序,遏制假新闻的威胁,该声明指出。乐动扑克
“作为一个重要的社交媒体中介,WhatsApp寻求避风港保护按照信息技术法案》的规定。
”然而,在困惑的法案,他们试图逃避责任,拒绝制定非常措施,允许他们一个安全的港口规定,”声明中指出。
该中心的强烈反应之后WhatsApp德里高等法院提起了一项诉讼,挑战政府的新数字规则。WhatsApp认为,要求该公司提供加密消息将隐私保护措施。
社交媒体公司的注意,被PTI,卫生部说,“当你包括你的母公司或其他子公司,提供各种各样的服务在印度有些属于SSMIs的定义(重大社会媒体中介机构)在它的上下文和上述规则。因此,作为确定遵守这些规则的一部分,请提供以下信息…”
除了一些细节,比如应用程序的名称,网站和服务的重大社会责任范围内的媒体中介,铁道部已经找到三个关键人员的细节,以及在印度这个平台的物理联系地址。
它要求平台报告遵守新规则的状态。
“如果你不认为是SSMI,请提供相同的原因包括注册用户在每个你所提供的服务。政府有权寻求任何额外的信息,可能允许在这些规则和行动,”它说。
卫生部已要求大型社交媒体公司确认并分享他们的最早反应”,最好是今天本身”。
The government on Wednesday staunchly defended its new digital rules<\/a>, saying the requirement of messaging platforms<\/a> such as WhatsApp<\/a> to disclose origin of flagged messages does not violate privacy, and went on to seek a compliance report from social media firms.
A day after WhatsApp<\/a> filed a lawsuit in the Delhi High Court challenging the new digital rules<\/a> on grounds that the requirement for the company to provide access to encrypted messages will break privacy protections, IT Minister Ravi Shankar Prasad<\/a> said the new norms will not impact normal functioning of the popular free-messaging platform.
The requirement of tracing origin of messages under new IT rules is for prevention and investigation of \"very serious offences\" related to sovereignty and integrity of India and security of the state, a statement from his ministry said.
Separately, the ministry asked social media companies such as Facebook, Twitter, YouTube, Instagram and WhatsApp to report their status on compliance with the new rules, which kicked in from Wednesday.
The new rules, announced on February 25, require large social media platforms<\/a> to follow additional due diligence, including the appointment of chief compliance officer, nodal contact person and resident grievance officer.
Non-compliance with rules would result in these social media companies losing their intermediary status that provides them exemptions and certain immunity from liabilities for any third-party information and data hosted by them. In other words, they could be liable for criminal action in case of complaints.
Sources with knowledge of the matter said the ministry asked the social media companies to immediately provide details and contact information of the chief compliance officer and resident grievance officer.
The ministry in the statement termed WhatsApp's last moment challenge to the intermediary guidelines<\/a> as an unfortunate attempt to prevent the norms from coming into effect.
The UK, US, Australia, New Zealand and Canada require social media firms to allow for 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<\/a> of India as contrary to the right to privacy is misguided,\" the official statement said.
The government recognises that 'Right to Privacy' is a fundamental right and is committed to ensure the same to its citizens, it said.
The statement quoted Prasad as saying that the government \"is committed to ensure the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security.\"
Prasad also stated that \"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 Government respects the Right of Privacy and has no intention to violate it when WhatsApp is required to disclose the origin of a particular message.
\"Such requirements are only in case when the message is required for prevention, investigation or punishment of very serious offences 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 offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material,\" the statement said.
It said the requirements in the intermediary guidelines pertaining to the first originator of information are an example of \"reasonable restriction\".
The ministry noted that after October 2018, no specific objection has been made by WhatsApp to the government in writing over the requirement to trace the first originator in relation to serious offences.
The company had generally sought extension of the timeline for enforcement of guidelines but did not make any formal reference that traceability is not possible, the statement said.
\"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.
On one hand, WhatsApp sought to mandate a privacy policy<\/a> wherein it will share the data of all its user with its parent company, Facebook, for marketing and advertising purposes, while on the other, the platform makes every effort to refuse the enactment of the Intermediary Guidelines necessary to uphold law and order and curb the menace of fake news, the statement noted.
\"As a significant social media intermediary, WhatsApp seeks a safe harbour protection as per the provisions of the Information Technology Act.
\"However, in a befuddling act, they seek to avoid responsibility and refuse to enact the very steps which permit them a safe harbour provision,\" the statement pointed out.
The Centre's strong response comes after WhatsApp filed a lawsuit in the Delhi High Court challenging the government's new digital rules. WhatsApp argues that the requirement for the company to provide access to encrypted messages will break privacy protections.
In the note to the social media companies, seen by PTI, the ministry said, \"As you including your parent company or any other subsidiary, provide a variety of services in India some of which falls within the definition of SSMIs (significant social media intermediaries) in the context of the IT Act and the aforesaid Rules. Accordingly, as part of ascertaining the compliance to these Rules, you are requested to provide the following information...\"
Apart from details such as the name of the app, website, and service falling within the scope of a significant social media intermediary, the ministry has sought details of the three key personnel, as well as the physical contact address of the platform in India.
It has asked the platforms to report on the status of compliance with the new rules.
\"If you are not considered as SSMI, please provide the reasons for the same including the registered users on each of the services provided by you. The Government reserves the right to seek any additional information, as may be permitted within these Rules and the IT Act,\" it said.
The ministry has asked large social media companies to confirm and share their response at the earliest \"and preferably today itself\".
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