Delhi High Court Tells WhatsApp that Breaking Encryption Would Lead to Platform’s Big Warning

WhatsApp and Facebook (now Meta) have challenged Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires a social media intermediary providing primarily messaging services to enable the identification of the first originator of information on its computer resource as mandated by a judicial order. The companies argue that this requirement is against users’ privacy, as they use the platform for its privacy assurances and end-to-end encryption. They also highlight the absence of such a requirement in any other part of the world and emphasize that the Information Technology Act does not provide for breaking encryption. Advocate Tejas Karia, representing WhatsApp, stated that this rule would force the platform to store millions of messages for years, posing a significant burden that is not seen in any other country.

He noted that this rule has not been imposed in any other part of the world, including South America. The Centre, however, argues that WhatsApp and Facebook monetize users’ information and should be held accountable. The Centre’s counsel emphasized the need to trace the originator of messages and pointed out that WhatsApp has faced difficult questions before the US Congress. The Court sought a balance to be struck and adjourned the matter to August 14.

The Ministry of Electronics and Information Technology, opposing WhatsApp’s petition, has stated that if the IT Rules 2021 are not implemented, law enforcement agencies will face difficulty in tracing the origin of fake messages. This could lead to the spread of such messages across other platforms, disrupting peace and harmony in society. The Ministry has also accused WhatsApp of violating the fundamental rights of Indian users by denying them dispute resolution rights in the country. WhatsApp has previously argued that requiring messaging apps to trace chats would compromise end-to-end encryption and fundamentally undermine people’s right to privacy.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 were framed by the Centre in February.