In a recent legal battle over privacy and encryption, WhatsApp has issued a stern warning that it may exit the platform if forced to break encryption. Advocate Tejas Karia, representing WhatsApp in the Delhi High Court, emphasized that users rely on WhatsApp for its end-to-end encryption and privacy protections.
The dispute revolves around Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates social media intermediaries to enable the identification of the first originator of information upon judicial order. WhatsApp, along with parent company Meta (formerly Facebook), has challenged this rule, arguing that it compromises user privacy and imposes unprecedented data storage requirements.
Karia argued that complying with the rule would necessitate storing millions of messages for years, a demand not seen elsewhere globally. He stressed that the Information Technology Act does not authorize breaking encryption, highlighting that similar requirements do not exist even in countries like Brazil.
The Indian government countered, alleging that WhatsApp and Facebook monetize user data and lack legal entitlement to claim privacy protection. The government’s counsel, Kirtiman Singh, defended the rule as essential for tracing message originators and maintaining social harmony, citing previous challenges faced by WhatsApp in the US Congress.
The Delhi High Court, recognizing the need for balance, adjourned the case to August 14, grouping it with related matters transferred from the Supreme Court. The Ministry of Electronics and Information Technology opposed WhatsApp’s petition, arguing that non-implementation of IT Rules 2021 could impede law enforcement’s ability to trace fake messages, potentially disrupting societal peace.
WhatsApp, in a statement prior to the hearing, likened tracing chats to keeping a fingerprint of every message, which would compromise end-to-end encryption and infringe on privacy rights.
Sources By Agencies
