Context: The Ministry of Electronics and Information Technology (MeitY) sent a formal notice to Meta directing it to halt the rollout of WhatsApp’s proposed username feature in India.
About WhatsApp Username Feature:
What It Is?
- The upcoming WhatsApp username feature is an optional privacy tool that allows individuals to create unique text-based handles. Instead of sharing a personal mobile number, users can give out their username to establish a new chat thread, keeping their primary phone number hidden from new contacts.
Key Functional Features & Built-in Safeguards:
- No Public Directory: WhatsApp will not provide a searchable username database. Users must know the exact username to initiate a conversation.
- Username PIN Protection: Users can set a custom PIN, preventing messages from unknown people even if their username is correctly guessed.
- Prominent Personality Reservation: Meta has reserved usernames of verified public figures, government agencies, and celebrities to prevent impersonation.
- Traceability Metadata Alerts: Messages from unknown users will display their country of origin and indicate that the sender is not in the recipient’s contacts.
Legal Framework & Regulatory Governance:
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- Section 66C (Identity Theft): Penalizes dishonest use of another person’s digital identity, including usernames, passwords, or electronic signatures.
- Section 66D (Cheating by Personation): Punishes online impersonation and fraud committed through computers or communication devices.
- Section 79 (Safe Harbour): Protects intermediaries from liability for user-generated content, provided they remain neutral and comply with due diligence requirements.
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- Rule 3(1)(b) & 3(2): Requires intermediaries to prevent deceptive, misleading, or impersonating content and take reasonable steps against misuse.
- Rule 4 (Traceability): Significant Social Media Intermediaries (SSMIs) must identify the first originator of a message when legally required by competent authorities.
Can the Government Dictate an App’s Product Features?
Government’s Position:
- The government argues that platforms must follow due diligence under the IT Act, and features reducing traceability may justify regulatory intervention.
- It contends that if a feature increases cyber fraud or weakens user identification, safe harbour protection under Section 79 could be affected.
Product & Digital Rights Position:
- No Explicit Pre-Approval Power: Digital rights groups argue that neither the IT Act nor the IT Rules authorize MeitY to approve or block software features before launch.
- Misapplication of Section 79: They maintain that Section 79 only grants liability protection for user content and does not empower the government to dictate product design or platform features.
