Shyam Divan, a senior advocate, told the bench that, “Indian users are deprived of their fundamental rights. The same platform operating in other countries, especially in the European Union, has higher standards of privacy and those standards are not prevalent in India.”
Responding to the statement, Tushar Mehta told the bench that, “The government is alive to the situation and making of the bill is under process. It’s a legislative issue rather than a judicial issue. So we should be given some for that.”
Questioning Mehta, Justice Joseph asked, “If this matter is pending for so many years and if the government had wanted to bring some legislation it could have done it so far, why wait?”
Kapil Sibal draws out the difference amongst Indian and European Laws
The bench responded to Sibal by saying, “We are here to secure the rights of the users.” Tushar Mehta, the Solicitor General, concurred with the judgement of the bench and said, “If a platform is operating in India it should be seen citizen centric and we had seen certain cases where privacy is being violated.”
Mehta was referring to the Karnataka High Court case in which Twitter was sued by the Center. The government has been requested to pass a law by January 17th, 2023. The final hearing for the case, too, will be held on the same date.