WhatsApp, a popular messaging platform owned by Meta Inc., has issued a strong statement, indicating its intention to withdraw from Bharat if it is compelled to compromise on the encryption of messages and calls on its platform.
The company made this stance clear during a hearing at the Delhi High Court where it is contesting the 2021 Information Technology (IT) rules imposed by the Bharatiya government. These rules require social media intermediaries, including WhatsApp, to enable traceability of chats and identify the originator of information.
Representatives of WhatsApp argued before the bench, headed by Acting Chief Justice Manmohan, that complying with the government’s demand to break encryption would be unacceptable.
They emphasized that such a move would necessitate storing massive amounts of data for extended periods, posing serious privacy concerns for millions of users. Furthermore, the company highlighted that no other country, including Brazil, has imposed such stringent regulations on encryption.
The legal battle stems from the Narendra Modi government’s directive to major social media platforms, including WhatsApp, Twitter, Facebook, and Instagram, to adhere to the latest regulations outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules of 2021.
These rules aim to hold social media platforms accountable for objectionable content spread on their platforms, especially in cases related to communal violence.
WhatsApp’s legal counsel contended that the company has already implemented measures to mitigate the spread of harmful content and that tracing the origin of messages can be done through traditional methods without compromising encryption.
However, they raised concerns about the proportionality of the government’s demands, asserting that opening up their entire technology infrastructure could have far-reaching consequences.
The dispute underscores broader tensions between tech companies and governments worldwide regarding privacy, encryption, and content moderation.
WhatsApp’s threat to exit Bharat reflects the high stakes involved in balancing national security concerns with individual privacy rights in the digital age. As the legal proceedings continue, the outcome of this case will likely have significant implications for internet freedom and privacy protection in Bharat.
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