WhatsApp’s Warning About Platform’s End in India: Explained

The Delhi High Court recently addressed the issue of privacy rights and emphasized the need for balance during a hearing of a petition filed by WhatsApp and Meta. The petition challenged a rule within the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Specifically, the rule in question, Rule 4(2), requires social media companies providing messaging services to disclose the sender of a message if ordered to do so by a court or competent authority. This disclosure is only mandated for cases involving national security, public order, or serious offenses such as rape, sexually explicit material, or child sexual abuse material.

The petition argued that this “traceability requirement” would compel WhatsApp to compromise its end-to-end encryption, thereby infringing upon the privacy and free speech rights of its millions of users. The advocate representing WhatsApp stressed that the platform is popular because it ensures privacy through end-to-end encryption.

Additionally, the rule would force WhatsApp to store millions of messages for a prolonged period, posing significant logistical and privacy concerns. During the hearing, the court inquired about the global applicability of such a rule and whether similar requirements existed in other countries.

The advocate clarified that no such request had been made in other jurisdictions, including South America and Brazil. The government asserted that WhatsApp and Facebook benefit from users’ information and are not entitled to claim complete privacy protection.

It was also mentioned that efforts to hold Facebook accountable are taking place in several countries. The court is set to further deliberate on the matter on August 14.