During a hearing at the Delhi High Court, WhatsApp conveyed a potential cessation of operations in India if compelled to compromise its end-to-end encryption, according to advocate Tejas Karia representing the platform.
WhatsApp's stance emerged during the court proceedings of a petition filed by WhatsApp and Facebook challenging Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This rule mandates social media intermediaries to aid in identifying the originator of a message upon request by a competent authority.
Advocate Tejas Karia emphasized WhatsApp's commitment to privacy and security, stating, “As a platform, we are saying, if we are told to break encryption, then WhatsApp goes.” Karia highlighted the platform's reliance on end-to-end encryption, which instills confidence among users regarding message privacy.
Rule 4(2) specifies that a social media intermediary must facilitate the identification of the message's first originator as required by a judicial order or an order under Section 69 of the Act.
Karia argued that compliance with this rule would necessitate WhatsApp to store vast amounts of messages for extended periods, potentially straining its cloud servers and increasing operational costs. Notably, WhatsApp has not faced similar demands elsewhere globally.
Central Government Standing Counsel (CGSC) Kirtiman Singh asserted the necessity for mechanisms to trace messages on social media platforms. The court acknowledged the need to strike a balance between privacy concerns and law enforcement requirements.
The case has been adjourned to August 14 for further deliberation.