WhatsApp has informed the Delhi High Court that it would cease its services in India if compelled to break message encryption, a requirement outlined in Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
This rule mandates that social media intermediaries facilitating messaging services must enable the identification of the initial sender of information, as requested by a court or competent authority.
Representing WhatsApp, advocate Tejas Karia emphasised that users rely on the platform due to its privacy features, including end-to-end encryption. Karia stated before a Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora that, “As a platform, we are saying, if we are told to break encryption, then WhatsApp goes”.
Karia argued that the rule infringes upon users’ privacy rights and was implemented without adequate consultation. He expressed concern over the potential storage of vast amounts of encrypted data for extended periods, a requirement unprecedented elsewhere globally.
“We will have to keep a complete chain and we don’t know which messages will be asked to be decrypted. It means millions and millions of messages will have to be stored for a number of years,” Karia elaborated.
Furthermore, Karia highlighted that the Information Technology Act does not support breaking encryption. When asked about similar laws in other countries, Karia confirmed that such demands had not arisen elsewhere, not even in Brazil.
Contrarily, the Centre argued that WhatsApp and Facebook exploit user data for commercial gain and therefore lack legal grounds to assert privacy protection.
Kirtiman Singh, representing the Centre, contended that social media platforms should enable message tracing to address concerns about message origins and accountability .
The Delhi High Court, seeking a balance between privacy and accountability, adjourned the hearing until August 14, intending to consolidate this case with related matters transferred from the Supreme Court. The Ministry of Electronics and Information Technology countered WhatsApp’s stance, asserting that the enforcement of IT Rules 2021 is crucial for law enforcement agencies to combat the proliferation of fake messages and maintain societal harmony.
WhatsApp previously argued that requiring messaging apps to trace chats equates to storing a fingerprint of every message, compromising end-to-end encryption and privacy rights. The impending decision by the Delhi High Court will have significant implications for the future of encrypted messaging platforms within the Indian regulatory landscape.
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