Tue 30 Jun 2020 10:01AM

Statement on banning Chinese apps

PP Pirate Praveen Public Seen by 35

Pranesh from Center for Internet and society has this analysis

1. Section 69A of the IT Act doesn't allow for bans in the interest of data privacy / localization. So it is necessary for the govt to demonstrate ban of this set of Chinese apps is in the interest of "sovereignty and integrity of India, defense of India, security of the State".

2. The govt has not shown why these specific apps were a threat to India's integrity or security of the state. If the govt was worried about official secrets, then the govt could have ordered those who handling official secrets not to use specific apps.

3. If citizens' privacy and data security were of concern for the govt, then why didn't it initiate any actions under s.43A of the IT Act?

4. There is a strong case to be made that this is unconstitutional. Many would argue that code is speech. Even if one disagrees, at least those apps that provide a platform for expression or alow access to info are protected by Art.19(1)(a). And this ban falls afoul of Art.19(2).

5. The argument isn't that Wechat or TikTok have a case under Article 19. It's that Indian citizens have a right under Article 19(1)(a). TikTok and Wechat have a right under Article 14 and under s.69A of the IT Act.

I think we can endorse this statement.


Pirate Praveen Tue 30 Jun 2020 5:08PM

Apar Gupta from Internet Freedom Foundation talking about in Hindi

This is in Malayalam