WhatsApp, the popular messaging app used by millions worldwide, has made a strong statement in the Delhi High Court. The company expressed that it might leave India if it’s forced to weaken the security of its messages and calls. This statement came during a court hearing where WhatsApp was represented by Advocate Tejas Karia. Karia emphasized that WhatsApp’s users highly value the privacy and security provided by the app’s end-to-end encryption feature. He firmly stated that if WhatsApp is compelled to compromise this encryption, it would have no choice but to exit the Indian market.
The Delhi High Court, with Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora presiding, was considering petitions filed by WhatsApp and Meta (formerly Facebook). These petitions challenge Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Rule 4(2) requires major social media platforms to help identify the first originator of information on their platforms when ordered by a court or authority. This rule has sparked a legal battle between tech giants and the Indian government, raising concerns about privacy and data security.
Advocate Karia explained to the Court that complying with this rule would force WhatsApp to store millions of messages for many years, a requirement not seen anywhere else in the world. He emphasized that this rule goes beyond what is outlined in the parent Information Technology Act, which doesn’t mandate breaking encryption.
When asked if similar laws exist elsewhere, Karia replied that no such laws exist, not even in Brazil. On the other side, the lawyer representing the Indian government argued that the rule is important to combat the spread of objectionable content, especially during cases of communal violence.
The bench decided to list the matter for further hearing on August 14, awaiting the transfer of other petitions challenging various aspects of the 2021 IT Rules as ordered by the Supreme Court.
This move came after the Supreme Court transferred a batch of pleas from different high courts across India to the Delhi High Court, including those from Karnataka, Madras, Calcutta, Kerala, and Bombay, all challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
