WhatsApp challenges Indian government in Delhi court, threatens exit
WhatsApp resists Indian government's originator identification rule, citing privacy violation and refusing to compromise on end-to-end encryption in Delhi court challenge
Sumit Rawat
In a courtroom session at the Delhi High Court, WhatsApp took a stand against a clause within the 2021 Information Technology Rules mandating social media intermediaries to disclose the initial source of information to legal authorities. Represented by Tejas Karia, the messaging platform, along with its parent company Facebook Inc., now known as Meta, adamantly refused to comply with the directives issued by the Indian government.
During the hearing, Karia emphasized WhatsApp's stance, stating, "As a platform, we are saying, if we are told to break encryption, then WhatsApp goes." Responding to these arguments, the Delhi High Court recognized the complexity of the issue, asserting that while privacy rights are important, they are not absolute and must be balanced against other considerations.
The legal battle, often referred to as the WhatsApp vs Centre case, revolves around the challenge posed by WhatsApp and Meta against Rule 4(2) of the 2021 IT Rules. This provision mandates "significant social media intermediaries" to facilitate the identification of the initial source of information, as requested by a court order or any competent authority.
WhatsApp staunchly defends its commitment to end-to-end encryption, arguing that complying with the government's order would compromise user privacy. In its petition, the Meta-backed company asserted that the traceability requirement violates fundamental privacy rights and urged the Delhi High Court to declare Rule 4(2) unconstitutional. Additionally, WhatsApp requested immunity from criminal liability for any alleged non-compliance with the rule.
Contrary to WhatsApp's stance, the Indian government argues that traceability is essential in combating harmful content such as fake news and hate speech. Citing Section 87 of the IT Act, the government asserts its authority to implement Rule 4(2) to safeguard national security and communal harmony by addressing the spread of misinformation and incendiary content across digital platforms.
