Whatsapp moves HC against new IT rules

NEW DELHI: Citing “dangerous invasion of privacy” and threats to free speech of its 400 million users in India, Whatsapp has moved the Delhi high court seeking the squashing of a rule framed by the Union government that obligates social media intermediaries to identify the first originator of a message upon an order by a competent court or executive authority.

The petition filed in the high court claims that enforcement of rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, will break Whatsapp’s end-to-end encryption and the privacy principles underlying it, besides impermissibly infringing upon users’ fundamental rights to privacy and freedom of speech.

Whatsapp has requested the high court to ensure no criminal liability is imposed on it for not complying with the provision, which, it contends is, “unconstitutional, illegal” and beyond the purview of the Information Technology Act.

The Union government in a statement on Wednesday defended the rules and called Whatsapp’s “last minute challenge” a “clear act of defiance meant to keep the guidelines from coming into effect”. The government also stated that while it respects the right to privacy, no fundamental right, including the right to privacy, is absolute. Rule 4(2), which comes into effect from Wednesday, makes it mandatory for social media intermediary providing messaging services to trace the originator of a message if required by a court or a competent authority under Section 69A of the IT Act.

“Requiring messaging apps to “trace” chats is the equivalent of asking us to keep a fingerprint of every single message sent on Whatsapp, which would fundamentally undermine people’s right to privacy,” a Whatsapp spokesperson said.