The most popular instant messaging service in the World, WhatsApp, threatened to quit India if it was forced to crack call and message encryption on Thursday, telling the Delhi High Court.
When WhatsApp’s attorney addressed a Delhi High Court bench over the company’s appeal against the revised Information Technology (IT) regulations, he said that as a platform, they are saying that if they are forced to break encryption, then WhatsApp will depart.
WhatsApp argued that the IT regulations were introduced without consulting anyone when it opposed their changes. It stated that they opposed user privacy.
Speaking on behalf of WhatsApp, Tejas Karia informed the judge that users utilize the service because of its privacy features.
The company contended that the regulations infringe upon the customers’ basic rights as guaranteed by Articles 14, 19, and 21 of the Indian Constitution.
The advocate said that no other country in the World had any laws like these. He claimed that because WhatsApp would not know which communication would require decryption, it would not have to maintain a “full chain.”
It implies that a vast number of messages will need to be kept on file for many years, he stated. Facebook and WhatsApp have filed a court case contesting the new regulations, claiming that they infringe upon people’s right to privacy.
The two firms’ appeal has been met with opposition from the Ministry of Electronics and IT of the federal government, which claims WhatsApp breached users’ fundamental rights by not providing a dispute resolution system.
The government informed the Delhi High Court (HC) that it would be challenging for law enforcement to track down the source of fake texts if the regulations were not followed.
It was stated that such a message might cause problems for public order and disturb the nation’s peace and harmony.
WhatsApp has previously stated in a statement that following the guidelines would result in a privacy breach. It stated that requiring messaging platforms to “track” chats is the same as asking us to retain a record of every communication transmitted on WhatsApp, which would violate end-to-end encryption and seriously jeopardize users’ right to privacy.
The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which were drafted by the Central Government, require OTT and digital platforms to create their grievance redressal mechanisms.
Social media sites must identify the “first originator of information” upon request as per rules.
