Meta’s WhatsApp is one of the most widely used messaging platforms in India with an estimated 487.5 million users. It provides the user the ability to text, video call, share screens, and communicate via media. In an ongoing hearing at the Delhi High Court, WhatsApp told the court that it would effectively stop operations in India if it is forced to compromise message encryption. Encryption is a process where messages, once sent by the sender, are converted into secret and complex codes, making them unreadable by anyone else. These coded messages get decoded and become readable only when they reach the person they’re meant for.
This warning was given by WhatsApp because India’s controversial IT (Intermediary Guidelines and Digital Media Ethics Code) Rules have replaced the Information Technology (Intermediaries Guidelines) Rules, 2011. The rules contain three parts, Part II deals with the regulation of intermediaries, including social media intermediaries. This compels these social media intermediaries to disclose the identification information of the originator. This includes messaging apps such as WhatsApp, Signal, and Telegram, and media-related, such as Facebook, Instagram, and Twitter. The 2021 rule states that social media companies engaged in providing messaging services should reveal who sent a message if there is an order to do so by a court or a competent authority.
WhatsApp informed the court that the regulations violate the users’ basic rights guaranteed by the Constitution, including the right to equality before the law, freedom of speech, and protection of life and personal liberty.
WhatsApp told the court that users rely on its encryption for privacy. According to reports, they expressed concern that complying with the new rule would require compromising this encryption, making it necessary to track message origins and potentially store vast amounts of data indefinitely.
The meta-owned app further explained that there are two conflicting rights at play: the right to privacy and the government’s need to ensure security, such as catching terrorists sending messages. They highlighted the dilemma of whether to compromise the platform’s integrity for specific instances or potentially countless situations. This proportionality issue needs careful consideration. Additionally, they emphasized that the rule’s constitutional validity must be assessed by the court, pointing out the absence of provisions in the Information Technology Act granting the government authority to enact such a rule.
The representative for WhatsApp stated in court that if they’re ordered to compromise encryption, WhatsApp will cease to exist. They argued that this demand intrudes on users’ privacy and was made without any discussions.
The court then decided to postpone further discussion on the matter until August 14, awaiting the transfer of other related petitions.
It’s worth mentioning that apps owned by Meta hold a significant share of the Indian market, boasting billions of users across Instagram, Threads, and Facebook. This move, aimed at safeguarding users, could potentially alter the usage patterns of these apps within the country. In a virtual address back in 2023, Meta CEO Mark Zuckerberg highlighted India’s pioneering role in adopting messaging as the preferred means for both individuals and businesses to accomplish tasks.
