India’s Trade War with China and its Numerous Implications

Must Read

What is Resale Price Maintenance?

RPM is a contractual arrangement between a manufacturer and distributor or wholesaler or any other party in the supply chain whereby the manufacturer imposes a resale price at which the distributor is required to sell the product. The concept itself is not illegal but is considered a violation of the Act under certain circumstances.

Three Years of the GST Regime: Has it been a Success Story?

Goods and Service Tax (GST) is considered as India’s biggest tax reform. Subsuming multiple central and state taxes, GST...

NEP 2020: India making a Headway Towards ‘Global Knowledge Superpower’

History of Indian Education System Pathshala, Maktabs, and Madrasas were regarded as elementary schools before British Rule. Education was imparted...

What If China Boycotts India?

With growing border tensions and India's boycott movement, what if China boycotts India? India-China Retaliation 20 Indian soldiers were martyred in...

Telecom Industry Crisis: What If Vodafone Idea Limited Shuts Down?

The telecom industry faces a crisis due to huge AGR dues and longtime dispute. Under such circumstances, there is...

Impact of COVID-19 on Food & Beverages Industry, Indirect Losses to Farmers

The outbreak of coronavirus has brutally affected all the sectors across the whole world. Among all the sectors, the Food...

Follow us

Recently India witnessed various developments like that of the clash between the Indian and the Chinese forces on the Ladakh border. The violent face-off between the troops on the 15th of June which left 20 Indian soldiers dead. This pressed the Indian government to impose a ban on 59 Chinese origin apps on 29th June 2020. Reasons such as data security and national sovereignty were cited by the government while imposing the ban. Such apps included some of the extensively used ones like- TikTok, CamScanner, Helo, Club Factory, SHAREIt, WeChat, etc.

The prime reason for the ban on these apps was stated in the following manner. In one of the press releases, the Ministry of Electronics and Information Technology asserted the following. “Many complaints have been received from various sources stating the misuse of mobile applications both on Android and IOS platforms“. Stealing and clandestine transfer of users’ data were among the major concerns raised. This data was being unauthorisedly transferred to servers outside India.

Chinese Apps a Threat to India’s Sovereignty and Privacy?

Reactive policy-making comes out to be one of the worst kinds of policymaking. It tends to hurt the users more than the actual target. If Chinese apps have been posing a threat to India’s sovereignty, defence, and privacy they ought to have been banned long ago. This move shouldn’t have rather come as an optics game. It barely changes India’s substantive position with respect to China.

There needs to be reasoning and continuity when it comes to economic and technological policies. This allows businesses and individuals to invest and build. It may even be a factory relying on Chinese inputs or be it a rural social media entrepreneur who has invested in apps like TikTok. Whenever such efforts are wasted, it is the Indian capital, money, or time that is wasted. This acts as a big blow to such entrepreneurs. Each time the central government comes up with a masterstroke, it is difficult for these enterprises to rebuild from the start.

At the same time, if the Chinese money acts as a threat the fascist-nationalist news channels would be wrong on their part in running Chinese advertising spends. Although this part is not directly a fault of theirs.

Section 69A of IT Act: How has it been Used?

Section 69A of the Information technology Act, 2000 was introduced by an amendment to the Act in 2008. This Act bestows power on the central government to block public access to any kind of information that is online. It may either be websites or any kind of mobile application. Whenever there arises a threat to India’s sovereignty, friendly relations with other nations, integrity, or public order, then under Section 69A of the IT Act, the government has the right to impose a ban on such applications. While doing so a due procedure should be followed by the government. Apart from the central government, even the court has the rights to issue directions in order to block information which is being circulated online. Other than this, even the department of telecommunication has the right to pass orders blocking internet service providers. Section 69A of the IT Act makes way for all such developments.

Analyzing China’s say in the ban, it can be stated that oversight of online information acts as a common feature in the legal arena in most countries. India is no exception to the same. Whereas China’s digital sphere doesn’t offer any kind of scope for judicial review. In contrast to this, India offers recourse to the aggrieved parties. The aggrieved party has a right to judicial recourse. It was held by the apex court of India in the case of Shreya Singhal that blocking orders can be challenged. Article 226 of the Indian Constitution allows the challenge of the blocking order. This process established by the law is also subject to judicial scrutiny which marks the distinction between India and the People’s Republic of China.

Digital Colonialism: Is China Right in banning all the apps in its own country?

An important point to be pondered here is that China launches a large number of apps throughout the world. But at the same time, Chinese citizens don’t have access to these apps. The whole world has access to these apps but the Chinese citizens. China doesn’t have access to a large number of apps like that of Facebook, Instagram, etc. The Chinese government has imposed a ban on all these apps. So now, when we are discussing India’s ban affecting the country’s economy and employment, we also need to take a step back and think about how big an opportunity this poses to all the skilled labour in India.

Till date, there was no need to come up with startups in India as these apps were already available. But now with the ban being imposed on these apps, people will start coming up with new initiatives. These initiatives would include programming for new apps and companies. This can be seen as a huge hit India will receive. This step can even be seen as the risk which the government took up which will help the country at large. This can be seen as an opportunity to become self-reliant.

Looking at the Flip Side: Good products are Created Through Competition Not by Banning Competition

Taking forward the above-mentioned discussion, we need to analyze how self-reliant India would be by banning these apps. Foreign applications tend to take up payments and value of Indian data out of the country’s economy. This is an important aspect to think about, but it is not that easy. As already stated above, good products are created by way of competition and not by imposing a ban on the competition. Following the same fashion as China, if India imposes a ban on Facebook, Instagram, etc,. which actually take up more value from India. Then Indians would be forced to use some indigenous apps which would mostly be associated with Jio or which would have enough cronyism between the government and Reliance.

This would result in people having less equality, less choice, and fewer privacy rights. But in the end, the application or the product will tend to be “nationalist”. If this is what we are looking forward to, then India imposing a ban on these apps would be concluded as a correct move.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -