U.S. Court Ruling and NSO Group’s Liability
On December 20, a U.S. court ruled that Israel’s NSO Group was liable for using Pegasus spyware to target phones via WhatsApp.
The spyware targeted journalists, activists, and other individuals, raising concerns over privacy violations.
Privacy Concerns and Surveillance Practices
Existing laws already allow government surveillance, raising questions about the need for more intrusive measures like phone hacking.
The use of spyware on individuals, including journalists, highlights the risks of unchecked surveillance and the erosion of privacy protections.
The Pegasus Project and Press Freedom
Investigative reports revealed that over 300 Indian phone numbers were targeted by Pegasus, including those of journalists, politicians, and activists.
Prominent Indian journalists like Sushant Singh and Paranjoy Guha Thakurta were directly affected, emphasizing the threat to press freedom.
India’s low ranking (142nd) in the World Press Freedom Index underlines the growing dangers for journalists in the country.
Legal and Constitutional Issues with Surveillance
India’s existing surveillance laws, like the Indian Telegraph Act and IT Act, are opaque and provide weak protections for citizens.
While these laws do not explicitly permit phone hacking, covert surveillance violates constitutional rights, such as privacy and freedom of speech.
The lack of judicial oversight over surveillance allows the executive to carry out actions without accountability, undermining the separation of powers.
Need for Judicial Oversight and Surveillance Reform
Surveillance must be subject to judicial oversight to ensure that it is proportionate and respects individuals’ rights.
The absence of effective safeguards calls for immediate and comprehensive surveillance reform to prevent mass surveillance and protect civil liberties.
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