WhatsApp issues threat to shut its Indian operations
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WhatApp is threatening to cease operations in India if forced to comply with the IT Rules 2021, which require identifying the originators of messages. This is due to WhatsApp's core principle of end-to-end encryption, which ensures only the sender and receiver can access message content.
WhatsApp and Meta's plea in the Delhi High Court, heard on Thursday, highlighted the potential consequences of compromising end-to-end encryption. The case revolves around the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Advocate Tejas Karia, representing WhatsApp, emphasized that the platform would not continue operations in India if forced to break its encryption. With over 400 million users in India, this stance has garnered significant attention as the case unfolds against the government's policy.
The plea challenges Rule 4(2) of the IT Rules, which requires significant social media intermediaries to disclose the first originator of any information upon court order or request from a competent authority. WhatsApp argued that this rule conflicts with its end-to-end encryption policy, stating, "If we are told to break encryption, then WhatsApp goes."
Karia explained that complying with the IT rules would necessitate storing millions of messages for years, posing a logistical challenge. WhatsApp noted that no other country has implemented such a law, asserting that it violates user privacy and fundamental rights under the Indian Constitution.
In response, the government stressed the importance of tracking the origins of information on social media in the current environment. The court acknowledged the complexity of privacy rights, noting that a balance must be struck.
The rule on tracing the first message sender aims to combat misinformation on social media, which has led to incidents of violence in the past. The next hearing is scheduled for August 14, where the court will further deliberate on the matter.
An exit from India would be a significant setback for WhatsApp. Meta CEO Mark Zuckerberg had praised India's adoption of messaging technologies, highlighting the country's leadership in embracing messaging for various purposes.
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Devan Karthik
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