Browsing: Right to Privacy
SC: Using WhatsApp Not a Fundamental Right and Rejects Plea to Restore Blocked Account
The Supreme Court on Friday declined to entertain a writ petition filed under Article 32 seeking restoration of a blocked WhatsApp account, holding that there is no fundamental right to use the messaging app. A bench of Justices Vikram Nath and Sandeep Mehta questioned the maintainability of the plea and suggested users could opt for indigenous alternatives such as Arattai by Zoho. The petitioner, a doctor who relied on WhatsApp professionally, later withdrew the plea, with liberty to pursue civil or other legal remedies, amid wider discussions on digital platform accountability and user rights in India.
The Bombay High Court granted interim relief to Asha Bhosle against AI platforms and online sellers for cloning her voice and misusing her image without consent. The Court held this violated her personality and publicity rights and her moral rights under Section 38B of the Copyright Act. Defendants were restrained from using her identity and ordered to remove infringing content. Relying on constitutional privacy rights, moral rights, and passing off principles, the Court protected her control over her persona, reflecting a growing legal response to AI-based misuse of celebrity identities.
The Supreme Court of India is hearing Manohar Lal Sharma v. Union of India, a key case on alleged government surveillance using Pegasus spyware. Pegasus can secretly access smartphones and was reportedly used to target journalists, politicians, and activists. Petitioners argue this violates privacy and free speech rights. The government denied wrongdoing, citing national security and existing surveillance laws. Finding its response inadequate, the Court set up an independent Technical Committee to investigate. The case raises questions on privacy, legality, and oversight, and its outcome will shape India’s digital rights and surveillance framework.
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