Bringing communication apps like WhatsApp under the same regulatory framework intended for telecom service providers will be like comparing “apples to oranges”. Nick Cleggpresident, global affairs, op meta said in an interview with ET.
Referring to the draft telecom law that proposes bringing over-the-top (OTT) apps under the same licensing terms as telecom service companies, he also said internet platforms like Facebook that act as intermediaries should be regulated by existing IT law.
“We’re not saying they shouldn’t be regulated… We’re just saying the right services should be in the right buckets,” said the former UK deputy prime minister, who is currently visiting India for a week. “If you are going to regulate a messaging app as a telecom network, then you are mixing apples and oranges. You don’t apply regulations to the same thing.”
Clegg further pointed out that intermediary platforms are already regulated within the existing legislation of the IT Act, which will soon be updated as the Digital India Bill.
He said the issue came up during his conversation with Indian policy makers this week and that Meta – Facebook’s parent company, Instagram and WhatsApp – will continue to “defend the case” with the Indian government.
Clegg, who has returned to India after three years, said he is encouraged by the openness of Indian policymakers to consult and discuss upcoming regulations with companies, especially major platforms. “India could become a very modern kind of template and example to others for advanced co-regulation in the digital space,” he said of the series of policy changes currently underway.
In the past year, India has seen a wave of policies aimed at regulating the digital ecosystem. Although the draft law on the telecom sector was released earlier this year, the government has also reported changes to the rules for IT intermediaries under the IT Act of 2000. Earlier this month, she also published a draft version of the revised data law after she announced the Law for the protection of personal information that was five years in the making. The government is also working on revising the 22-year-old ICT Act, which will be replaced by the Digital India Act.
“The Indian government is trying to legislate for India and not just get ready-made versions from Europe, the UK, Canada or the US,” said Clegg, adding that there is now an awareness that India is unique and a plays a unique role. in the digital ecosystem. “In fact, I think India’s ambition to pursue this ‘techade’ is perfectly legitimate. India is fast becoming a digital superpower. In many ways it already is.”
He welcomed the new data law, calling it a “massively improved version of the earlier one” and “a much more effective piece of legislation”.
Clegg did not directly comment on the question of traceability, for which Meta has sued the Indian government, but said “It is a fundamental right to have a private conversation, especially when it is one-on-one.”
Nearly 90% of all messages exchanged between WhatsApp’s 500 million users in India are one-to-one, he said.
On the debate about how to enforce encryption while allowing access to law enforcement authorities as and when required, Clegg said the problem with that argument is that “the moment you attach a fingerprint to a message, you attach a fingerprint to all messages have to attach messages, otherwise you won’t be able to find it later.” “The moment you do that, you can no longer provide that privacy that people expect from their intimate communication,” he said.
He added that Meta believes privacy can be provided to people while at the same time providing a high level of collaboration to law enforcement by sharing metadata, etc. of the communication.
Clegg downplayed several layoffs at his Indian arm, including those of Facebook’s India head Ajit Mohan and WhatsApp’s India chief Abhijeet Bose, saying “there’s no mystery” and some people decided to leave at the same time.
Along with the global meltdown affecting global internet companies, Meta announced the layoff of nearly 11,000 people earlier this month.
Speaking about what could have possibly led to the meltdown, Clegg said that while the reasons are different for each company, the common theme is that everyone assumed “atypical trends” during the pandemic, such as a dramatic increase in online work, communication and commerce. , a permanent incremental change. However, that was not the case.
“We have hired a lot of people. You assume this because you think a trend will continue. If that is not the case, you will have to cut your clothes differently and that is why we unfortunately had to announce these layoffs.” However, the fundamentals remain extraordinary, he added.
“Facebook is an app that is still growing. Instagram is growing at lightning speed, also here in India. It was through India where we first saw what a successful format was Reel could be and that is growing very fast. It’s the same with business messaging where I think India is again the real trendsetter,” Clegg said.
He added that India will have the largest developer ecosystem within a few years and even in advanced fields such as augmented and virtual reality, India’s maker base is “extraordinary”.