WhatsApp Challenges Govt’s Privacy Order, Threatens To Leave India

Instant messaging app WhatsApp has again come into the spotlight for its legal conflict with the government which has been ongoing since 2021, challenging India’s IT rule 2021 which requires social media intermediaries to identify the first originator of information.

WhatsApp along with its parent company Meta had challenged the Indian government’s order, requiring the messaging app to trace chats and make provisions to identify the originator of information to a court or other competent authority.

The Delhi High Court heard WhatsApp's plea on Thursday, in which the popular messenger has unequivocally expressed its firm stand to not break its end-to-end encryption, arguing it violates the user privacy.

WhatsApp argued that Centre should deem Rule 4(2) of the intermediary rule as unconstitutional.

The messenger app also sought that the court should not impose any criminal liability on it for any alleged non-compliance with Rule 4(2).

WhatsApp is even ready to end its service in India if the government pressurises it to accept the policy.

Meanwhile, Centre has clarified that it is significant for it to understand the source of information as there are possibilities of spreading fake and harmful content or hate speech. 

The government argued misinformation is a sensitive matter and that the law empowers it to expect messaging entities to create safe cyberspace by restricting illegal content.

It highlighted that under Section 87; the IT Act has the power to formulate Rule 4(2) to curb fake news or instigating content which are a threat to national security or communal harmony.