Respond to pleas challenging IT Rules: Delhi HC to Centre
The Delhi High Court Friday asked the Centre to reply to pleas by Facebook and WhatsApp challenging the new IT Rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of the information. The pleas have challenged the new rules on the grounds that they violate the right to privacy and are unconstitutional.
Court listed the matter for further hearing on October 22
A bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice and asked the Centre through the Ministry of Electronics and Information Technology to file a reply to the petition as well as an application to stay the implementation of the Rules. The court listed the matter for further hearing on October 22.
The rules put end-to-end encryption at risk: WhatsApp
The counsel for Centre said the main advocate wasn't available and sought an adjournment which was opposed by senior advocates Harish Salve and Mukul Rohatgi, appearing for WhatsApp and Facebook, respectively. WhatsApp, in its plea, 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."
Here is what WhatsApp told the court
WhatsApp LLC has urged the high court to declare Rule 4(2) of the Intermediary Guidelines as unconstitutional, ultra vires to the IT Act, and illegal. It also sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires to enable the identification of the first originator of the information.
Here is what the new IT Rules say
In February this year, the Centre had released a set of new guidelines to regulate digital content. The new IT Rules bring social media organizations under a three-tier regulatory framework: self-regulation (Level I); self-regulation by self-regulating bodies (Level II); and the government's oversight mechanism (Level III). The rules also state that social media platforms will have to track the first originator of the information.
In May, Whatsapp had sued Centre over new IT Rules
Notably, in May, WhatsApp had filed a suit in the Delhi High Court against the Indian Government's new IT Rules. It said the government's demand to identify the "first originator of information" would break its encryption system, thus violating the users' constitutional right to privacy.
Would not force users to accept new privacy policy: WhatsApp
Separately, the Facebook-owned company, WhatsApp, had last month told the high court it would neither force users to accept its controversial new privacy policy nor limit the functionality of the messaging service for those who choose not to accept its terms.
