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By Precision Academy
Q. 'Courts must let government work out a balanced regulatory regime for online content'. In the light of this statement critically comment on Aadhar-Social Media linkage
Posted on 2019-08-23 04:03:39
https://www.thehindu.com/opinion/editorial/content-management/article29214571.ece
praveen
Q. 'Courts must let government work out a balanced regulatory regime for online content'. In the light of this statement critically comment on Aadhar-Social Media linkage
# 1
Replay on 23-08-2019 10:12:47

Supreme court  judgement in the Aadhar case(2018) mentions that the unique 12-digit-number can be used only for subsidies  and welfare benefits; and pointed out that Section 57 of the Aadhaar Act has been struck down to the extent that it authorised body corporate and individuals to use the number to establish someone’s identity. 

      The submissions in the Supreme Court  on behalf of the Tamil Nadu government in support of linking social media profiles of registered users with their Aadhaar numbers  are not well-founded  in the law as it now stands.  Writ petitions are  filed  in Madras high court for  identifying the people who post inflammatory content on the social media like facebook, twitter, whatsapp and gone without  traceability.

Arguments against linking aadhar with social media profiles:

-          Widespread suspicion about online surveillance could discourage people on using social media.

-          Technology companies use end to end encryption have pleaded inability to open a back door for identifying originators as it is lagainst the global policy of the companies.

-          As per k.s. puttaswamy case(2017) in the privacy case, any state intervention in the regulation of the online content has to pass the test of proportionality  laid down by the court so that it does not affect individual privacy.

Arguments in favour of linking:

-          It is easy to identify  who post undesirable content like child pornography, sectarian conflict and mob violence.

-           It helps protect sentiments of people and do not hurt their feelings by inflammatory posts.

-          Intermediaries and social media companies could easily trace the offenders and provide information to the government regarding them.

It is desirable if courts do not impart needless urgency in this situation in order to introduce a balanced regulatory regime to curb inflammatory content. The balance must be right between protecting privacy and allowing the state leeway to curb crime.