Laws are weak in the case of ban on TikTok, Know what the experts say

Under Section 69A of the IT Act, the government has sufficient powers to ban any internet-based application.  But the government will have to justify its decision on legal grounds.

 The government has banned 59 apps in China, including TicTalk, UC Browser, citing security and privacy.  But experts say that there is no clear law in India in this case and it will not be easy to prove the allegations made by the government.

 In fact, in Section 69A of the IT Act, the government has enough rights to ban any internet-based application.  But the government will have to justify its decision on legal grounds.

 Cyber ​​affairs lawyer Virag Gupta says, 'There is a lot of possibility that the Chinese app will oppose this ban of the government.'  Does the government have a firm basis for its decision to ban these apps?  Expert says that if we look at the legal, constitutional and digital capacity of the government in this case, then the matter looks a bit stuck.

 Government will have to provide evidence

 In the order given by the Ministry of Electronics and IT, no evidence has been given about these apps.  It said, "Some mobile apps on Android and iOS platforms are unauthorizedly stealing users' data and secretly sending it to servers outside the country."  The problem in this is that India has not yet made any such data protection act which can see such cases.

 Hard to prove

 "It would be difficult for the government to prove that users' data is being shared with the Chinese government and under which law it is illegal," says the founder of a cyber law firm.  On the question of privacy raised by the government, he said that there is still no law about it.  The government can simply cite the 2007 order of the Supreme Court which talks about the right to privacy. Virag Gupta says, "There are not proper laws regarding data protection and privacy."  Similarly, there is no fixed regulator to implement cyber law.  Right now it comes in everyone's rights, Police, NITI Aayog, TRAI, Home Ministry etc.

 Porn Site Example

 Take the example of ban on porn sites in the country.  After banning them in the year 2018, many people still reach them by cheating the Internet service providers ISP blocking system.  Similarly, the Ministry of Communications had banned WeTransfer last month.  But this file sharing company has refused to cooperate with the government and many ISPs have not blocked WeTransfer yet.

 How will the ban be implemented?

 To implement the ban on the Chinese app, the government will have to create synergy with Apple, Google and hundreds of internet service providers in the country.  The IT Act does not come under the jurisdiction of state governments.  Therefore, it will be very difficult to put pressure on the local ISP in any state.

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