Exclusive: Inside WhatsApp's Fight for Encryption in India's High Court

During a hearing at the Delhi High Court, WhatsApp, represented by its lawyer, emphasized its commitment to privacy and encryption, stating that the platform would cease to exist if compelled to compromise encryption. The advocate highlighted that users choose WhatsApp due to the privacy it offers, along with end-to-end encryption ensuring message security.

The statements were made as the court was addressing petitions filed by WhatsApp and its parent company Meta (formerly Facebook Inc.), contesting the 2021 Information Technology (IT) rules for social media intermediaries. These rules mandate chat tracing and the identification of the first originator of information, posing a challenge to platforms like WhatsApp.

Introduced by the Centre on February 25, 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, require major social media platforms to adhere to updated norms.

WhatsApp’s legal representative, Tejas Karia, underscored the implications of decrypting messages, highlighting the necessity to store vast amounts of data for extended periods if encryption were to be breached. He emphasized the absence of similar regulations in other countries, indicating the unique nature of the Indian mandate.

Acknowledging the significance of privacy rights while advocating for a balanced approach, the court sought clarification on the existence of comparable laws internationally.

In response, the lawyer representing the Centre justified the rule, particularly in cases involving the dissemination of objectionable content leading to communal violence.

The bench scheduled further hearings for August 14, awaiting the transfer of petitions challenging various aspects.

By : Kruthiga V S

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