Aadhar linking with Social Media accounts

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Tamil Nadu Government, wants to link the social media accounts of the people with the Aadhar card to curb fake news, pornography and anti-national content as submitted by Mr K K Venugopal in the court. A petition is going on in Tamil Nadu, Bombay and Madhya Pradesh High Court with regard to the same. Facebook, WhatsApp and Twitter approached the Supreme Court regarding the transfer of all the appeals there so that a single verdict is pronounced and there is no ambiguity regarding the same and citizens are given equal privacy protection across the country.

The Supreme Court bench while hearing the petitions noted that in the Puttaswamy judgment, it was held that Aadhar can only be used for subsidiary and welfare benefits.[1] Further, Section 57 of the Aadhar act was struck down which authorized body corporates and individuals to use the number to establish the identity.

The Tamil Nadu Government stated that many people go away with inflammatory posts because of lack of traceability. The Bench then expanded the scope of the petition and to examine the adequacy of legal framework on cybercrimes and the responsibilities of intermediaries who provide telecommunication and online services.[2] This expanded consideration by the Supreme Court is not within its powers, still to protect the data of the people, it took the step. While the Supreme Court will hear the petition about transfer of cases to the Supreme Court, Madras High Court will continue listening to the matter.

The move would act as a major deterrent for social media instigators and reduce defamatory posts but it would also be violative of right to privacy since a record will be kept of each message along with the registered mobile number and email address. There are a few concerns about what will happen to the accounts of those people who do not link it or if someone’s tweet which goes viral out of context.  

The major issue is regarding the customer privacy and how a midway i.e., reasonable restrictions and controlling online crimes. At present, India does not have a sound data protection regime. We only have a Data Protection Bill which is also ‘pro government’. Further, the Union Government has also notified new draft rules for intermediaries last year. One of the controversial points is that the intermediaries should help in identifying the originators of offensive content. These issues are related to millions of people who use their services. 

The plea of the Government does not seem viable. It also looks like another step towards surveillance after the laptop surveillance circular by the Government. The passage of Data Protection Bill would have helped the Government as it would have acted as a safeguard. Further, internet was meant to be a free society with reasonable restrictions. It can only be hoped that the Supreme Court passes an order considering that.

-Amrashaa Singh

Reporter, Indian National Bar Association

[1] Justice K S Puttaswamy and Others v Union of India and Ors (2019) 1 SCC 1.

[2] ‘Content management: On Aadhaar-social media linkage’ The Hindu, (22 August 2019).