WhatsApp, the world’s top instant messaging app, has made a daring declaration in the Delhi High Court, stating that if compelled to compromise message and call encryption, it may leave India. Tejas Karia, an advocate for WhatsApp, underlined that the platform’s users respect the privacy and security given by its end-to-end encryption. During the court proceedings, Karia made it clear that if WhatsApp is forced to compromise encryption, the company will have no alternative but to abandon the Indian market.
The Delhi High Court, presided over by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, heard petitions brought by WhatsApp and Meta (previously Facebook). These petitions challenge Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, according to the Bar and Bench.
Rule 4(2) requires significant social media intermediaries to aid the identification of the first source of information on their platforms when directed by a court or competent authority. This legislation has ignited a legal struggle between digital companies and the Indian government, raising concerns about privacy and data security.
The provision would force WhatsApp to keep millions and millions of communications for a lot of years, a necessity that is unique to WhatsApp and not found anywhere else in the world, Attorney Karia said the Court today. “It is unknown which messages will need to be decoded, so we will need to maintain the entire chain. According to Bar and Bench, he stated, “It means millions and millions of messages will have to be stored for a number of years.”
He stressed further that the parent Information Technology Act, which does not permit encryption cracking, is not the same as the Rule that is being challenged.
The Bench questioned whether any other country in the world had a statute like this one.
Has anyone in the world addressed these issues? Nowhere in the world have you ever been asked to provide the information? Even in the Americas?”
In response, Karia said, “No, not even in Brazil.”
In the meantime, the Center’s attorney stated that the regulation was important in situations where platforms disseminate offensive material, including in cases involving communal violence.
In order to await the transfer of all other petitions contesting various sections of the 2021 IT Rules to it in accordance with a Supreme Court ruling, the bench directed that the issue be scheduled for hearing on August 14.
On March 22, the Supreme Court moved a number of appeals against the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that were pending before several high courts around the nation to the Delhi High Court.
Numerous petitions about the matter were pending before various high courts, including those in Kerala, Bangalore, Madras, Calcutta, Karnataka, and Bombay.
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