CAN THE GOVERNMENT DICTATE USERS APP?

Whats App is the largest possibly digital platform in the country, and the government has scrutinised  its operation in the past. In its notice the government said that whats App is an intermediary with in the meaning of section 2(1) (w) of the Information Technology Act, 2000, read with Rules 2(1) (v) and 2) (1) (w) of the Information Technology Rules 2021 . A significant social media intermediary is defined as a platform that has more than fifty lakh registered users in India. Whats App has an estimated user base of over 80 crores. The Government said that the platform squarely subject to the due diligence and other obligations of set out under the Rules. The notice also cited section 66C (identity theft) , 66D (Cheating by personation) , and 79 (Intermediary liability/safe harbour) of the Information technology Act, 2000.It further said that those rules do not permit such a notice, it is not clear , whether a feature on a privately owned and operated App such as Whats App can be vetoed by the Government. The notice treats the launch of a lawful feature as a wrong and the company must justify. The internet freedom foundation group does not name any provision that lets approve a product feature before release or order one withdrawal, because there is none, and the provisions that it does cite do not supply that power, the group said 79 of the IT Act, 2000 is a safe harbour, and protects an intermediary from liability for what its users post, so long as it observes due diligence. It decides when a platform can be held liable. It is not a power for MeitY to decide what features the platform may offer. Users can choose to avoid responding to strangers:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

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