Why WhatsApp is resisting India's new social media regulation
WhatsApp, the popular messaging service, is resisting a regulation by the Indian government that mandates social media platforms to trace messages and identify their origin. This directive is part of India's IT laws and applies to major social media networks including WhatsApp. The company, along with its parent firm Meta, has refused to comply with this rule, arguing it violates users' privacy rights.
The dispute centers around IT Rule 4(2) of 2021
The dispute centers around Information Technology Rule 4(2) of the 2021 IT (Intermediary Guidelines and Digital Media Ethics Code). This rule requires "significant social media intermediaries" to "enable the identification of the first originator of the information." Compliance could be demanded by a court order or other competent authority. WhatsApp maintains that adhering to this rule would necessitate breaking its end-to-end encryption, compromising user privacy.
WhatsApp has appealed to the Delhi High Court
WhatsApp has appealed to the Delhi High Court, seeking to have Rule 4(2) declared unconstitutional. The company also requested immunity from criminal liability for any alleged non-compliance with this rule. They argue that the traceability requirement infringes on users' fundamental right to privacy. "As a platform, we are saying, if we are told to break encryption, then WhatsApp goes," said Counsel Tejas Karia, representing WhatsApp in court.
