Tag: attorney general

Tiktok Australia

Amid Security Concerns, Australia To Ban TikTok On Govt Devices

By LokMarg

Australia’s federal government will ban the video-sharing application TikTok on government devices over fears that the application’s security could be compromised and the platform could be used for foreign interference by China, ABC News reported.

Australia becomes the last nation in the “five eyes” intelligence alliance to block the app after similar decisions were taken by the United States, Canada, the United Kingdom and New Zealand.
Attorney-General Mark Dreyfus has announced that the ban will come into effect “as soon as practicable.” He further stated that exemptions will be made on a case-by-case basis, as per the ABC News report.

In a statement, Mark Dreyfus said, “After receiving advice from intelligence and security agencies, today I authorised the secretary of the Attorney-General’s Department to issue a mandatory direction under the Protective Security Policy Framework to prohibit the TikTok app on devices issued by Commonwealth departments and agencies.”

Earlier on Tuesday, the Victorian and ACT governments stated that they expected an imminent ban, as per the news report. A spokesperson for Victorian Premier Daniel Andrews said they will follow the Commonwealth’s guidance with regard to cybersecurity and they will now work on implementing these changes “across the public service as soon as possible.”

According to the ACT government’s spokesperson, the territory government will work with the government to implement restrictions. In a statement, they said, “The ACT government was notified yesterday of an imminent announcement from the Commonwealth to ban TikTok from Government devices,” as per the news report.

They said that the ACT government will consider similar restrictions on territory government devices at a security and emergency meeting of the cabinet tomorrow, as per the news report. They stressed that the move could be made based on the Commonwealth’s advice, and the desirability of national cybersecurity consistency.

In recent months, several nations have decided to block the app, after revelations that TikTok staff based in the US and China used the app to spy on American journalists who were writing stories critical of the app, as per the ABC News report. US President Joe Biden has said that TikTok’s parent company ByteDance divest in the app or else face a potential nationwide ban in the US.

Earlier in March, the French government banned the Chinese video-sharing application TikTok on government devices, NHK World reported. The French government has reportedly debarred TikTok on the work phones of public-sector employees.

French Public Service Minister Stanislas Guerini declared that TikTok, a Chinese-owned video-sharing software, would no longer be allowed on the work phones of civil servants.”

In order to guarantee the cybersecurity of our administrations and civil servants, the government has decided to ban recreational applications such as TikTok on the professional phones of civil servants,” he tweeted. France’s Transformation and Public Administration Minister Stanislas Guerini made the announcement on Friday. (ANI)

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Supreme Court

SC Criticises Centre On Judicial Appointment

By LokMarg

Centre faced Supreme Court’s ire on Thursday as the top court again criticised the government over judicial appointment issues and remarked that Parliament has the right to enact new law but at the same time must adhere to existing legal positions.

A bench led by Justice Sanjay Kishan Kaul said that it expects the Attorney General to play the role of the seniormost law officer to advise the government on the existing legal position.
The court also said the government cannot conveniently cite the views of some judges on MoP to oppose Collegium recommendations.

The Supreme Court said that Parliament has the right to enact a law but it is also subject to the scrutiny of courts and “it is important that the law laid down by this court is followed else people would follow the law which they think is correct”.

The court observation came while hearing a plea against the Centre for keeping pending a name that the Collegium recommended in the list for appointment to various High Courts and the apex court.

The court also took note of the Centre’s recent decision to send back a second time reiterated names and said it is a breach of its earlier direction. The court said that it is not aware of the special circumstance for which this name was dropped.

The court also told the Attorney General to advise Union Ministers to exercise some control over their public criticism about the Collegium and said that the statements made recently are not being taken very well and the ministers ought to exercise some control.

The court remarked that it has told the Attorney General that the Memorandum of Procedure (MoP) is final till government suggestions are looked into, MoP as finalised has to apply.

The court also cited the earlier Constitution Bench decision of the top court upholding the Collegium system and said that the government is bound to implement and enforce the law as laid down.

The court opined that there will be a breakdown if everyone starts choosing what to follow.

The Supreme Court said that there is an existing MoP and the government thinks some alterations are required but that does not take away from the existing legal process.

Observing that it looks just like a blame game, the court noted that years after the name for the judicial appointment was returned which Collegium again reiterated.

SC said, “How do we sort out these issues. This is some kind of an infinite battle. AG you will have to do a little better to sort out this”.

Senior Advocate Vikas Singh, appearing for the petitioner also said that rule of the law has to be followed and take strong objection to the comments on Collegium.

In the last hearing, the Court had also expressed its disappointment with the statement given by the Law Minister to a news channel.

In 2014, the National Democratic Alliance government brought the National Judicial Appointments Commission (NJAC) Act in an attempt to change the system of appointment of judges.

Vice President Jagdeep Dhankhar recently passed a certain remark on the 99th Constitutional Amendment Bill paving way for the National Judicial Appointment Commission (NJAC) which was undone by the Supreme Court in 2015. (ANI)

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