'No Encryption, No WhatsApp': Here's Why The Meta App Is Arguing Against Amended IT Rules

WhatsApp News: The Meta messaging app's legal battle stems from IT Rules, 2021, which mandate social media platforms to disclose the identity of the "first originator of information" upon request. 

WhatsApp, the instant messaging platform owned by Mark Zuckerberg's Meta, made a bold statement during a Delhi High Court hearing asserting its stance against potential breaches of encryption. The company, represented by its legal counsel, conveyed a decisive message to the bench: if forced to compromise on its encryption protocols, WhatsApp would consider withdrawing its services from India.

"As a platform, we are saying, if we are told to break encryption, then WhatsApp goes," Karia argued, as reported by the Times of India.

The discussion unfolded within the context of WhatsApp's challenge against the amended IT rules, a legal move prompted by concerns over privacy infringement. Tejas Karia, representing WhatsApp, emphasised the platform's commitment to user privacy, citing the widespread adoption of the application due to its robust privacy features.

At the heart of WhatsApp's objection lay the contention that the amended rules, introduced without prior consultation, posed a threat to user privacy rights enshrined in the Indian Constitution.

Karia argued vehemently, highlighting the potential ramifications of compliance with the rules, particularly the onerous task of storing vast amounts of data for extended periods, a measure deemed impractical and intrusive. "It means millions and millions of messages will have to be stored for a number of years," Karia said.

What Was The Government Directive?

The legal battle stems from the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, issued by the Centre, which mandate social media platforms to disclose the identity of the "first originator of information" upon request. 

In response to the government's stance, the Ministry of Electronics and Information Technology (MeitY) argued that such regulations were essential for maintaining law and order, particularly in the face of escalating concerns regarding the dissemination of fake news and misinformation. MeitY contended that without mechanisms to trace the origin of problematic messages, law enforcement agencies would encounter significant hurdles in preserving public order and national security.

How Did Facebook, WhatsApp Respond?

The directive has drawn sharp opposition from tech giants like Facebook and its subsidiary, WhatsApp, who perceive it as a violation of privacy rights.

WhatsApp had previously articulated its concerns, asserting that compliance with the rules would necessitate compromising the end-to-end encryption framework, thereby jeopardising the privacy of millions of users. The company likened the proposed measures to demanding a "fingerprint" of every message, a move antithetical to its commitment to privacy protection.