WhatsApp moves court against government of India. Here’s what it said

WhatsApp filed the lawsuit in the Delhi High Court on Tuesday evening and that the case is likely to be considered as early as Wednesday, a report said.
Whatsapp cited the right to privacy and asked the Delhi High Court to declare that one of the new rules is a violation of privacy rights in India's constitution. (Bloomberg Photo)
Whatsapp cited the right to privacy and asked the Delhi High Court to declare that one of the new rules is a violation of privacy rights in India's constitution. (Bloomberg Photo)
Published on May 26, 2021 12:21 PM IST
Copy Link
By | Written by Meenakshi Ray, New Delhi

WhatsApp has filed a complaint with the Delhi high court against the new guidelines of the government under which digital media companies will have to disclose the identity of the "first originator of information" when asked for it. The Facebook-owned messaging platform with nearly 400 million users in India cited the right to privacy and asked the Delhi High Court to declare that one of the new rules is a violation of privacy rights in India's constitution, according to Reuters.

Bloomberg reported that WhatsApp filed the lawsuit in the Delhi High Court on Tuesday evening, citing a spokesperson, and that the case is likely to be considered as early as Wednesday.

Also read | WhatsApp sues govt over new digital media rules; cites 2017 SC privacy verdict


Here is what WhatsApp said:

1. According to Reuters, under the new rules WhatsApp will have to name only people credibly accused of wrongdoing but the company says it cannot do that alone in practice. WhatsApp says to comply with the law it would have break encryption for receivers, as well as "originators", of messages because they are end-to-end encrypted, Reuters added.

2. “Requiring messaging apps to ‘trace’ chats is the equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp, which would break end-to-end encryption and fundamentally undermines people’s right to privacy,” the company said in a statement on Wednesday.

Also read | Facebook, Twitter, YouTube to face action? Here's what the firms say

3. “We have consistently joined civil society and experts around the world in opposing requirements that would violate the privacy of our users. In the meantime, we will also continue to engage with the Government of India on practical solutions aimed at keeping people safe, including responding to valid legal requests for the information available to us,” it added.

Also read | Facebook, WhatsApp, Twitter ban from May 26? All you need to know

4. Whatsapp will continue to engage with the government “on practical solutions aimed at keeping people safe, including responding to valid legal requests for information,” it added in the statement.

Also Read| WhatsApp’s refusal to comply with new rules a clear act of defiance: Centre

5. Reuters reported WhatsApp in its complaint cited a 2017 Supreme Court ruling supporting privacy in a case known as Puttaswamy. The top court found then that privacy must be preserved except in cases where legality, necessity and proportionality all weighed against it. WhatsApp argues, Reuters reported, that the law fails all three of those tests, starting with the lack of explicit parliamentary backing.

(With agency inputs)

SHARE THIS ARTICLE ON
Close Story
SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Thursday, January 27, 2022