[dropcap]A[/dropcap] petition has been filed challenging a tender floated by the Ministry of Information and Broadcasting for a software platform capable of collecting and storing information from activities in the digital sphere. Extending to email in addition to social media, the tender which has yet to find any applicants, calls for a software platform which enables the government to track conversations across social media platforms, as well as disseminate content using “predictive analysis” and to mould public perception “in a positive manner for the country”, and inculcate nationalist feelings within the masses”.
The writ petition was filed in Public Interest under Article 32 of the Constitution, praying to the Court to quash a Request For Proposal (RFP), and its subsequent revisions, by the Ministry of Information and Broadcasting. The impugned RFP was floated to invite bidders who would be responsible for Installation, Testing and Commissioning (SITC) of Software and for the supply, service, support, operation and maintenance of a Social Media Communication Hub (SMCH).
The petitioner is Mahua Moitra, MLA from West Bengal and a member of Trinamool Congress, claim the envisioned SMCH to be violative of fundamental rights guaranteed under Articles 14, 19(1)(a) and 21.
They contend that the SMCH aims at creating an advanced surveillance infrastructure via which the Government could “monitor” and “cut to size” all individuals who critique the government via social media, rather than its stated objective of being an analytical tool aiding the Ministry to gauge the effectiveness of its social media campaigns. They hold the SMCH to be restrictive of free speech, as it does not fall under any of the “reasonable restrictions” mentioned under Article 19(2).
They contend that the SMCH aims at creating an advanced surveillance infrastructure via which the Government could “monitor” and “cut to size” all individuals who critique the government via social media, rather than its stated objective of being an analytical tool aiding the Ministry to gauge the effectiveness of its social media campaigns. They hold the SMCH to be restrictive of free speech, as it does not fall under any of the “reasonable restrictions” mentioned under Article 19(2)
They also contend it to be an instance of fundamental rights being restricted via executive action rather than legislation. This is procedurally “arbitrary” and violative of the Article 14.
Further, relying upon Puttaswamy, they state that the SMCH infringes upon an individual’s right to privacy and liberty, as it allows the Government to indulge in surveillance and profile it’s citizens via a private agent.
They also question the impugned scheme’s constitutional validity on various other grounds such as the non-existence of data protection laws in India, and the lack in specificity of the requirements to software is sought to fulfil.
The proposed SMCH may seek legitimacy as a measure to check the spread of fake news and track the perpetrators, but the threat it poses to civil liberties vis-a-vis infringement of fundamental rights cannot be ignored. It seeks to avail the government powers akin to the now struck down Section 66A of the IT Act. Further, in light of the vitriolic abuse any government critics face in the digital space, it also avails grounds to the government to orchestrate targeted attacks, or even get such accounts suspended, as seen in the past.
