Key Points:
WhatsApp vs. Government:
- WhatsApp and its parent company Meta (formerly Facebook) are challenging a rule in India’s IT laws that requires them to identify the originator of messages on their platform.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were announced by the government on February 25, 2021, and required large social media platforms like Twitter, Facebook, Instagram, and WhatsApp to comply with the latest norms.
Why is WhatsApp Against the Rule?
- WhatsApp says it can’t comply without breaking its end-to-end encryption, a feature that scrambles messages so only the sender and receiver can read them. This, they argue, violates user privacy.
- In its petition filed in 2021, WhatsApp has said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits “at risk.”
- WhatsApp LLC has urged the high court to declare Rule 4 (2) of the intermediary rules as unconstitutional, ultra vires the IT Act, and illegal and sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4 (2) which requires enabling the identification of the first originator of information.
- WhatsApp said that the traceability provision is unconstitutional and against the fundamental right to privacy.
What Does the Indian Government Say?
- The government argues traceability is needed to tackle harmful content like fake news and hate speech, especially during sensitive situations.
- They believe social media platforms have a responsibility for online safety.
Stay informed with these key points!
View Sources
(1) WhatsApp tells Delhi High Court it will exit India if made to break …. https://www.indiatoday.in/law/story/whatsapp-tells-high-court-it-will-exit-india-if-made-to-break-encryption-2531884-2024-04-26.
(2) Is Whatsapp Going To Exit India Over Encryption Dispute? | Delhi HC …. https://www.livemint.com/videos/news/is-whatsapp-going-to-exit-india-over-encryption-dispute-delhi-hc-hearing-explained-in-2-minutes-11714134342090.html.
(3) WhatsApp to Delhi HC: Will shut down in India if told to break …. https://timesofindia.indiatimes.com/technology/tech-news/whatsapp-to-delhi-hc-will-exit-india-if-told-to-break-encryption/articleshow/109600688.cms.
(4) Explained: WhatsApp vs government – Times of India. https://timesofindia.indiatimes.com/technology/tech-tips/explained-whatsapp-vs-government-why-whatsapp-is-threatening-to-leave-india/articleshow/109603229.cms.
(5) WhatsApp Warns About Shutting Down In India If Forced To Break Chat …. https://www.news18.com/tech/whatsapp-warns-about-shutting-down-in-india-if-it-was-forced-to-break-chat-encryption-know-more-8867113.html.
(6) WhatsApp tells Delhi High Court it will ‘exit India’ if … – India TV News. https://www.indiatvnews.com/technology/news/whatsapp-tells-delhi-high-court-it-will-exit-india-if-forced-to-break-encryption-latest-updates-2024-04-26-928068.