WhatsApp is one of the most popular messaging apps across the world. The Indian region serves as the biggest market for WhatsApp. However, the firm recently challenged a new law in the country in the Delhi High Court.
During the recent hearing, WhatsApp’s representative told the honorable high court that it may exit the market if the government forces it to break the end-to-end encryption.
Here’s why WhatsApp may exit the country; reports
The High Court was hearing a petition from WhatsApp and its parent company Meta challenging a provision of the Information Technology Rules that requires social media companies to identify the first originator of information.
The plea challenges Rule 4(2) of the 2021 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which requires major social media companies to allow for the “identification of the first originator of the information”
During the hearing, WhatsApp informed the court that the rules infringe users’ fundamental rights under Articles 14 (equality before the law), 19 (freedom of speech), and 21 (protection of life and personal liberty) of the Constitution.
“As a platform, we are saying, if we are told to break encryption, then WhatsApp goes,” the messaging app’s barrister told the High Court. They further add that rules like this do not exist anywhere else in the world.
By adopting this regulation, we will have to breach the encryption. Otherwise, it will be impossible to locate the originator. Because there is no limit here, billions of communications may need to be stored for ‘n’ years.”
According to the Information Technology (Procedure and Safeguards for Interception, Monitoring, and Decryption of Information) Rules of 2009, social media platforms will be required to determine the primary source of information for major offenses via a court mandate or authorized entity.
WhatsApp informed the court that two rights are at stake: privacy and the government’s need to capture persons engaging in serious acts such as terrorism. The platform is caught in a quandary, deciding whether to jeopardize its system for isolated instances or multiple occurrences. The proportionality of such activities must be carefully considered.
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