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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'Go back to your own country': Indian-origin taxi driver attacked in Dublin
London, Aug 5 (PTI): An Indian-origin taxi driver based in Ireland for over 23 years has become the latest to be targeted in an unprovoked attack in the capital Dublin, with local police (Gardai) launching an investigation into the violent assault.
Lakhvir Singh, in his 40s, told local media that he picked up two young men in their 20s on Friday night and dropped them at Poppintree, in the Ballymun suburb of Dublin.
Upon arriving at the destination, the men are said to have opened the vehicle door and struck him twice on the head with a bottle. As the suspects fled, they reportedly shouted: "Go back to your own country".
"In 10 years I've never seen anything like this happen," Singh told ‘Dublin Live’.
"I'm really scared now and I'm off the road at the moment. It will be very hard to go back. My children are really scared," he said.
A Dublin police spokesperson said Singh was taken to the city's Beaumont Hospital with injuries determined as not life-threatening.
"Gardaí are investigating an assault reported to have occurred in Poppintree, Ballymun, Dublin 11 at approximately 11:45 pm on Friday, 1st August 2025. A man, aged in his 40s, was brought to Beaumont Hospital for treatment of non-life-threatening injury. Investigations are ongoing," the spokesperson said.
The incident followed an Indian Embassy advisory, also issued on Friday, expressing safety concerns following recent attacks in and around the capital Dublin and urging Indian citizens to take safety precautions.
"There has been an increase in the instances of physical attacks reported against Indian citizens in Ireland recently,” states the advisory.
“The embassy is in touch with the authorities concerned in Ireland in this regard. At the same time, all Indian citizens in Ireland are advised to take reasonable precautions for their personal security and avoid deserted areas, especially at odd hours," the statement reads, adding emergency embassy contact details as 0899423734 and cons.dublin@mea.gov.in.
It came in the wake of a brutal attack on a 40-year-old Indian man at Parkhill Road in the Tallaght suburb of Dublin on July 19, described as “mindless, racist violence” by locals.
The Gardai had opened an investigation into the case and Indian Ambassador to Ireland Akhilesh Mishra was among those who took to social media to express shock over the attack.
“Regarding the recent incident of physical attack on an Indian national that happened in Tallaght, Dublin, the embassy is in touch with the victim and his family. All the requisite assistance is being offered. The embassy is also in touch with the relevant Irish authorities in this regard,” the embassy said in a social media post days after the incident.
A Stand Against Racism protest was also held by the local community in condemnation of what was described as a "vicious racist attack" and to express solidarity with migrants.
Last week, Dr Santosh Yadav took to LinkedIn to post details of a “brutal, unprovoked racist attack”.
The entrepreneur and AI expert stressed that it was not an isolated incident and called for “concrete measures” from the governments of Ireland and India to ensure Indians feel safe to walk the streets of Dublin.
His post revealed that a group of six teenagers attacked him from behind as he walked to his apartment in Dublin.
“This is not an isolated incident. Racist attacks on Indian men and other minorities are surging across Dublin — on buses, in housing estates, and on public streets. Yet, the government is silent. There is no action being taken against these perpetrators. They run free and are emboldened to attack again,” reads Yadav's post.
Fine Gael party Councillor for Tallaght South, Baby Pereppadan, was among those who expressed concern following last month’s attack.
“People need to understand that many Indian people moving to Ireland are here on work permits, to study and work in the healthcare sector or in IT and so on, providing critical skills,” he said.
Another violent anti-Indian attack in Ireland
— Journalist V (@OnTheNewsBeat) August 5, 2025
Taxi driver Lakhvir Singh was attacked with glass bottles while doing his job pic.twitter.com/mtkwhLWISx
