WhatsApp’s Alert about the Potential Shutdown in India: An Explanation

The Delhi High Court recently made a statement during a hearing of WhatsApp and Meta’s petition on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The court emphasized that privacy rights are not absolute and called for a balance in this regard.

The specific rule under scrutiny, Rule 4(2), requires social media companies providing messaging services to disclose the sender of a message if ordered by an authorized body for certain offenses related to national security, public order, sexual content, or child abuse material. It also states that less intrusive means should be considered before resorting to this requirement.

WhatsApp’s representative argued before the court that this rule would compel the company to breach end-to-end encryption, compromising the privacy and free speech rights of its vast user base. The representative also raised concerns about the need to store millions of messages for an extended period to comply with the rule, a significant departure from the company’s current privacy guidelines.

Additionally, the court inquired about the existence of similar requirements in other parts of the world, to which the representative confirmed that no such demands had been placed on WhatsApp in other countries, including Brazil. The Centre, on the other hand, alleged that WhatsApp and Facebook leverage user data for monetization and do not have the legal standing to claim privacy protection.

The government highlighted ongoing efforts in various nations to hold Facebook more accountable. The court is set to continue with the hearing on August 14, considering the complex legal and privacy issues surrounding the case.