![]() ![]() ![]() On February 25, the government had announced tighter regulations for social media firms, requiring them to remove any content flagged by authorities within 36 hours and setting up a robust complaint redressal mechanism with an officer being based in the country. Moreover, such information can only be sought as per a process sanctioned by the law thereby incorporating sufficient legal safeguards." "As per the Intermediary Guidelines, the originator of information can only be traced in a scenario where other remedies have proven to be ineffective, making the same a last resort measure. The cornerstone of this test is whether a lesser effective alternative remedy exists. The IT ministry also clarified that the rule of the Intermediary Guidelines is examined through the test of proportionality then that test is also met. 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." On this issue, IT minister Ravi Shankar Prasad has said, “the Government of India is committed to ensuring 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." The requirements in the Intermediary Guidelines pertaining to the first originator of information are an example of such a reasonable restriction." However, it added that as per all established judicial dictum, "no Fundamental Right, including the Right to Privacy, is absolute and it is subject to reasonable restrictions. ![]() "The Government of India recognises that ‘Right to Privacy" is a Fundamental right and is committed to ensure the same to its citizens," the ministry added. ![]()
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