WhatsApp an instant messaging and voice-over-IP service owned by technology conglomerate Meta has warned Delhi high court that they would leave India (Shutdown in India) if they forced to break message encryption. The end-to-end encryption is a software that protects users' data as it is accessible for senders and receivers.
During the hearing of the firm's plea against the amended information-technology rules, WhatsApp companies lawyer informed a Delhi high court bench that if asked to break encryption, WhatsApp would cease to exist as a platform, firm told Delhi HC that if they remove privacy features then it will be unfair to users as they use this app for its privacy features. While opposing the amendments to the IT rule company claimed that the rules were introduced without consulting them.
Lawyers also added that these rules can violate the fundamental right of the users under Articles 14, 19 and 21 of the Constitution. The lawyer argued that no similar rules exist elsewhere in the world. He mentioned that WhatsApp would be required to maintain a "complete chain" as it cannot predict which messages might require decryption. He stated, "This would entail storing millions and millions of messages for several years," as reported by TOI.
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About Case
Facebook and WhatsApp have taken legal action against the new rules, claiming they infringe on privacy rights. The Ministry of Electronics and Information Technology (Meity) of the central government has opposed the petition from the two companies, arguing that WhatsApp violated users' fundamental rights by not providing a mechanism for dispute resolution.
The ministry informed the Delhi High Court that failure to implement the rules would make it difficult for law enforcement agencies to trace the source of fake messages. It stated that such messages could disrupt peace and harmony in the country and create public order issues.
WhatsApp previously stated that following the rules would compromise privacy. According to WhatsApp, requiring messaging apps to trace chats is like asking for a fingerprint of every message sent on the platform, which would compromise encryption and violate people's privacy rights.
The Central government introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which require OTT and digital platforms to establish grievance redressal systems. Social media platforms are also mandated to reveal the identity of the first originator of information when requested.