From January, the Supreme Court will hear cases seeking the linking of Aadhaar with social media profiles of individuals. It will be the first big legal battle on the right to privacy after the Supreme Court held in a landmark verdict in 2017 that privacy is a fundamental right.

The two significant questions of law that the court will look into are: whether mandatory linking of Aadhaar to social media accounts violates an individual’s right to privacy, and the balance between intermediary liability and free speech. 

The context
It was in connection with these cases that the government submitted an affidavit stating that the “Internet has emerged as a potent tool to cause unimaginable disruption to the democratic polity”, and informing the Supreme Court that it will take another three months to revise and notify “extant rules” for “effective regulation of intermediaries” such as social media platforms.

Intermediaries, as defined by the Information Technology Act, 2000, include telecom service providers, network service providers, Internet service providers, web-hosting service providers, search engines, online payment sites, online auction sites, online market places, and cyber cafes. Section 87 of the IT Act gives power to the central government to frame Rules; currently, Rules framed in 2011 regulate intermediaries.

The cases
Facebook, WhatsApp and Google had appealed for the transfer of such cases to the Supreme Court from the Madras, Bombay and Madhya Pradesh High Courts, where at least four such cases were pending.

Facebook argued that these cases involved answering questions related to fundamental rights — specifically the rights to privacy and free speech. If different High Courts heard the cases separately and gave conflicting verdicts, citizens’ fundamental rights could be affected, Facebook argued.

New guidelines on the way
The central government informed the Bench of Justices Deepak Gupta and Aniruddha Bose that fresh guidelines for regulating intermediaries under the IT Act were in the pipeline.

“There are various messages and content spread/shared on the social media, some of which are harmful. Some messages can incite violence. There may be messages which are against the sovereignty and integrity of the country. Social media has today become the source of large amount of pornography. Paedophiles use social media in a big way. Drugs, weapons and other contraband can be sold through the use of platforms run by the intermediaries,” the court said.

In January, the Ministry for Information and Technology had published draft Rules on regulating intermediaries, seeking responses from the public.

Source: The Indian Express

Relevant for GS Prelims & Mains Paper II; Polity & Governance