WhatsApp says it will exit India if forced to compromise with privacy, Delhi High Court informed
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New Delhi (PTI): The Delhi High Court on Thursday listed for hearing on August 14 petitions by WhatsApp LLC and its parent company Facebook Inc, now Meta, challenging the 2021 Information Technology (IT) rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of information.
WhatsApp informed the Delhi High Court that its more than 400 million users in India primarily rely on the platform for its robust privacy features. The messaging giant said that that it would cease operations in India if compelled to compromise message encryption, a pivotal safeguard ensuring only intended parties can access message content. Representing the Meta-owned company, its lawyer firmly stated to the court, "As a platform, we are stating that if we are mandated to dismantle encryption, then WhatsApp will exit.”
Observing that the matter would have to be argued by the parties, a bench headed by Acting Chief Justice Manmohan asked if the issue has been considered in any other country.
"There is no such rule anywhere else in the world. Not even in Brazil," the lawyer appearing for WhatsApp said, adding that the requirement was against the privacy of users and the rule was introduced without any consultation.
The bench, also comprising Justice Manmeet P S Arora, said privacy rights were not absolute and "somewhere balance has to be done."
Central government counsel said the rule was significant when objectionable content is spread on platforms in cases such as those of communal violence.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 were announced by the government on February 25, 2021 and required large social media platforms like Twitter, Facebook, Instagram and WhatsApp to comply with the latest norms.
The bench ordered that the matter be listed for hearing on August 14 to await the transfer of all other petitions challenging several aspects of the 2021 IT Rules to it pursuant to a Supreme Court order.
During the hearing, WhatsApp's counsel said steps have been taken to "contain virality" and it was possible to trace the originator "traditionally" by examining the sequence of senders of a message.
"They say open the entire technology. Is it proportional? I am caught in between," he added.
The counsel also informed the court that all platforms would have to comply with the new data protection law, which deals with collection, processing and sharing of data, once the relevant rules are framed.
In its petition filed in 2021, WhatsApp has said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits "at risk".
WhatsApp LLC has urged the high court to declare Rule 4(2) of the intermediary rules as unconstitutional, ultra vires the IT Act and illegal and sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires enabling the identification of the first originator of information.
WhatsApp said the traceability provision is unconstitutional and against the fundamental right to privacy.
The plea has said the traceability requirement forces the company to break end-to-end encryption on its messaging service, as well as the privacy principles underlying it, and infringes upon the fundamental rights to privacy and free speech of the hundreds of millions of citizens using WhatsApp to communicate privately and securely.
In its reply, the Centre has said the law empowers it to expect such entities to create safe cyberspace and counter “illegal content” either themselves or by assisting the law enforcement agencies.
The Centre has told the court that Section 87 of the Information Technology Act gave it power to formulate Rule 4(2) of the Intermediary Rules which mandates a significant social media intermediary to enable the identification of the first originator of an information in “legitimate state interest” of curbing the menace of fake news and offences concerning national security and public order as well as women and children.
The Centre has also stated that if a platform does not have the means to trace the first originator without breaking the encryption then it is the platform which “ought to develop such mechanism” in larger public duty.
On March 22, the Supreme Court transferred to the Delhi High Court a batch of pleas pending before different high courts across the country challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Several petitions were pending on the issue before different high courts including Karnataka, Madras, Calcutta, Kerala and Bombay high courts.
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Facing criticism over ‘poll stunt’ remark, Channi questions Centre on Pulwama terror attack probe
Chandigarh, May 6: Under fire over his "poll stunt" remark, Congress leader Charanjit Singh Channi on Monday said he was proud of the country's soldiers but targeted the Centre over the 2019 Pulwama terror strike, saying the government could not ascertain who carried out the attack.
The former Punjab chief minister on Sunday called the Poonch terror attack in which an IAF soldier was killed a "stunt" meant to make the BJP win the Lok Sabha elections.
The remark by the Congress candidate from Jalandhar seat triggered a row with Union minister Anurag Thakur asking the Congress leadership to seek an apology from Channi for insulting soldiers with this deplorable statement.
In a video message on Monday, Channi said, "We are proud of our soldiers who protect our country."
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Referring to his statement made on Sunday, Channi said ahead of the last parliamentary polls, 40 jawans were killed but the government could not yet ascertain who carried out the terror attack.
"Who was responsible for that attack," he asked.
Forty Central Reserve Police Force troopers died in a terror attack in Pulwama in Jammu and Kashmir on February 14, 2019.
"Again the elections have come and again our jawans have been attacked," said Channi as he was referring to the terror attack in Poonch.
"I want to ask the government who are those people who get such attacks done. Why don't you bring them forward? Why does intelligence failure take place," he asked.
Channi said Sunil Jakhar, who was earlier with the Congress and now with the BJP, had then even demanded the resignation of the prime minister over the death of 40 soldiers.
"Today again a soldier got martyred and I want to ask Jakhar ji what is your stand now," he said.
"Why are our soldiers getting martyred and why is there intelligence failure of the government," he asked.
In Jalandhar on Sunday while replying to a question on the attack on the Indian Air Force's convoy in Jammu and Kashmir's Poonch, Channi had said, "'Yeh stuntbaazi ho rahi hai, hamle nahi ho rahe' (These are all stunts, not attacks)."
"Whenever elections are near, such stunts are performed to make the BJP win. There is no truth in it," he had said.
"The BJP knows how to play with people's lives and bodies," he had alleged.
One soldier was killed and four were injured as terrorists ambushed an IAF convoy in Poonch district on Saturday, three weeks ahead of polling in Anantnag-Rajouri Lok Sabha constituency.
The officials suspect the involvement of the same group of terrorists who ambushed troops in adjoining Bufliaz on December 21 last year, leaving four soldiers dead and three injured.
Union minister Thakur strongly condemned Channi's remarks and asked the Congress whether it will insult soldiers to win elections.
