The legal representative for WhatsApp informed the Delhi High Court that the messaging platform, owned by Meta, would be forced to cease operations in India if compelled to compromise message encryption. The lawyer emphasized that users rely on the platform for its privacy features and end-to-end encryption. The statements were made during a hearing on Thursday, where WhatsApp and its parent company, now known as Meta, were challenging the 2021 Information Technology (IT) rules for social media intermediaries. These rules require the messaging app to track conversations and establish methods to identify the original source of information.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were introduced by the government on February 25, 2021, mandating major social media platforms like Twitter, Facebook, Instagram, and WhatsApp to adhere to the new regulations. Representing the messaging platform, lawyer Tejas Karia informed a bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora that if encryption is compromised, WhatsApp would have to discontinue its services. He explained the challenges of storing and decrypting millions of messages for an extended period. The bench, recognizing the complexity of the issue, inquired about similar laws in other countries.
The attorney responded by stating that this rule is unique and not found anywhere else globally, not even in Brazil.
The court emphasized that privacy rights are not absolute and that a balance must be struck.
In the meantime, the lawyer representing the Centre argued that the rule is crucial in cases where objectionable content is disseminated on platforms, especially during incidents of communal violence.
The bench directed that the case be scheduled for a hearing on August 14 to consolidate all petitions challenging various aspects of the 2021 IT Rules following a Supreme Court directive.
On March 22, the Supreme Court transferred a group of petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to the Delhi High Court from various high courts across the nation.
Numerous petitions on this matter were pending before different high courts, including Karnataka, Madras, Calcutta, Kerala, and Bombay.