HC asks Centre to respond to pleas by FB, WhatsApp

The Delhi High Court on Friday asked the Centre to reply to pleas by Facebook and WhatsApp challenging the new IT rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of information. The pleas have challenged the new rules on the grounds that they violate the right to privacy and were “unconstitutional”.

A bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice asking the Centre, through the Ministry of Electronics and Information Technology, to file reply on the petition as well as the application for stay on the implementation of the

NEW IT RULES

Rules. The court listed the matter for further hearing on October 22. The counsel for the Centre said the main advocate was not available and sought an adjournment which was opposed by senior advocates Harish Salve and Mukul Rohatgi, appearing for WhatsApp and Facebook respectively.

The FB owned WhatsApp, said the requirement of intermediaries enabling the identification of the first originator of information in India upon govt or court order puts end-to-end encryption and its benefits “at risk”. WhatsApp LLC has urged HC to declare Rule 4(2) of the Intermediary Rules as unconstitutional, ultra vires to the IT Act and illegal and sought no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which needs enabling the identification of the first originator of information.