WhatsApp to cease functioning in India if forced to compromise encryption: WhatsApp to Delhi HC

Delhi: On Thursday, WhatsApp conveyed to the Delhi High Court that it would be unable to operate if forced to break the encryption of messages, emphasising the importance of privacy for its users. 

The counsel for WhatsApp stated, "As a platform, we are saying [that] if we are told to break encryption, then WhatsApp goes," highlighting how crucial encryption is for maintaining user trust.

The court was reviewing challenges against Rule 4(2) of the Information Technology Rules, 2021, brought by WhatsApp and its parent company Meta. 

This particular rule mandates that ‘significant’ social media intermediaries, defined as those with over five million registered users, identify the originator of information on their platforms upon request by a court or competent authority.

WhatsApp argued that this rule would necessitate storing a massive volume of messages for long durations, a requirement not imposed by any other country and one that would exceed the provisions of its governing statute, the Information Technology Act, which does not require breaking encryption. During the proceedings, when the bench inquired about similar laws elsewhere, WhatsApp confirmed that no other country has demanded such measures.

The government defended the rule, citing the need for a system to trace message originators to ensure accountability. The Delhi High Court recognized the importance of finding a balance in this matter and adjourned the case to August 14. 

The case will be heard alongside over a dozen other cases challenging various aspects of the IT Rules, which the Supreme Court had transferred to the Delhi High Court on March 22.

The IT Rules have faced criticism and legal challenges across multiple states including Delhi, Maharashtra, Karnataka, Kerala, West Bengal, and Tamil Nadu, primarily over concerns that they violate privacy rights and promote self-censorship. 

Petitioners challenging the rules include major social media platforms such as Meta and several news organisations like The Quint, The Leaflet, and LiveLaw. The implementation of these rules has been put on hold by the Bombay, Madras, and Kerala high courts, pending the resolution of these cases.