5 Points You Need To Know about the WhatsApp vs Indian Government Row

Let's take a look at the chronology. The rules for social media, or the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, come out on February 25. The new guidelines aim to cover all digital content including news portals and anything that disburses content over the internet. WhatsApp, Twitter, Facebook, Instagram, Telegram (you name it) all social media apps come under the government radar.

Meanwhile, the debate on the data misuse by WhatsApp with the new Terms of Service amplifies. The ambiguity over the Facebook subsidiary's data usage sparks an all-time high discussion over the safety of users and the monopoly of the service providers. The new IT Rules aim to dismantle the polarised social media environment owned by Silicon Valley giants. Yet, some points in the rules signal the stringent and China-like authority on freedom of speech. For some, the idea that Government keeps a tab on the misuse of social is a win for national security; for others, it opposes the basic freedom of privacy.

While the side, on which you, as a user are, is a personal decision. But form an opinion when you know all the facts. Here are 5 important facts that you need to know about the ongoing row.

1. Government Demands Traceability and Accountability

During the release of the new IT Rules and Regulations, the Minister of IT highlighted the misuse of social media in the country. He said that the government wants social media platforms that operate in India to introduce a mechanism for better verification of users. Further, they need to disclose the first originator of a mischievous tweet or message. The court or the government asks may ask them to do so.

The companies will have to do so for prevention, detection, investigation, prosecution or punishment of an offence related to 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 punishable with imprisonment for a term of not less than five years.

2. WhatsApp Challenges Traceability and Accountability

WhatsApp argues that “traceability inverts the way law enforcement typically investigates crimes”. “In a typical law enforcement request, a government requests technology companies provide account information about a known individual’s account. With traceability, a government would provide a technology company with a piece of content and ask who sent it first,” its blog post reasons.

It further argued that a user may or may not be the first person to send the message. “Tracing messages would be ineffective and highly susceptible to abuse. If you simply downloaded an image and shared it, took a screenshot and resent it, or sent an article on WhatsApp that someone emailed you, you would be determined to be the originator of that content. At another point, someone might copy and paste the same piece of content and send it along to others in an entirely different circumstance. Think of this like a tree with many branches -- looking at just one branch doesn’t tell you how many other branches there.”

3. Investigative Freedom of Speech and a Human Rights Dilemma

WhatsApp also argues that the government asking companies to give the names of the source of any content is a human rights violation. “Through such an approach, innocent people could get caught up in investigations, or even go to jail; for sharing content that later becomes problematic in the eyes of a government; even if they did not mean any harm by sharing it in the first place. The threat that anything someone writes can be traced back to them takes away people’s privacy and would have a chilling effect on what people say even in private settings, violating universally recognized principles of free expression and human rights,” the messenger giant argued in its blog post.

The Government argued that 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.

Read More: The Big Picture of Indian Politics, Politicians and Social Media

The government also said that the social media companies will have to start a grievance redressal mechanism. That way, upon complaints, these companies will have to take down problematic posts. Some problem situations include a depiction of nudity or morphed photos, posts that hurt religious sentiments, posts that may spark civil unrest, etc. In any case, that mechanism will still need to identify the "first originator" of the message. And that is the whole debate - How does a social media platform confirm that XYZ really is the first originator of the message?

4. Big words from WhatsApp with the New Terms of Service

Background: WhatsApp updated its terms of service in January. It informed the users that it will share information from their interactions with business accounts, Facebook and third parties. The New Privacy Policy also asked users to either agree or discontinue using the platform. The company had delayed the adoption of the new privacy policy to 15 May from 8 February.

The update talked about how we have to allow the app to share our commercial data with Facebook. The update also confirmed that the companies can use the data for cybersecurity as well as targeted advertising and personalized content on the main app. It maintained that the latest Privacy Policy enabled users with certain business-related options. The major debate that ensued here was WhatsApp would share chats, calls, contacts and other information to Facebook for targeted advertising. WhatsApp clarifies, “The update includes new options people will have to message a business on WhatsApp. It provides further transparency about how we collect and use data. While not everyone shops with a business on WhatsApp today, we think that more people will choose to do so in the future. Thus, it's important people are aware of these services. This update does not expand our ability to share data with Facebook.”

The big words here rise from the fact that a data-sharing machine is in non-compliance with sharing data with a government authority.

5. Fake News on WhatsApp Red Ticks; Government is not recording calls and chats

A WhatsApp forward, doing rounds (it happened last year too) indicated that three red and blue ticks on WhatsApp mean government action against the user and Whatsapp new communication rules. It says if a user shares a negative message against the government or on a religious issue, then the Government will arrest her. The fake message claims that WhatsApp will allow users to find out if the government is monitoring their messages. All of these are baseless claims.

It is important to note that WhatsApp has not implemented any new communication rule. So, there is no such feature as three red tick or three blue ticks. As of now, when a user sends a message, you get one tick, which means the message has been sent. Two ticks mean the message has been delivered. If there are two blue ticks, then it means that the receiver has read the message.

Another fake message on WhatsApp stated that WhatsApp, Facebook, and Instagram would use images, files, etc for their personal gain. All these messages are fake and WhatsApp users are advised to not forward them to anyone. Instead, do a simple fact check and verify with reliable news sources.

If you have read till here, might as well let us know your point of view on the debate.