In a bold declaration, Meta-owned WhatsApp told Delhi High Court that it will cease operations in India if compelled to compromise its end-to-end encryption protocol.
The revelation unfolded during a hearing on Thursday, centring around WhatsApp’s challenge to a provision within the 2021 Information Technology Rules.
This provision mandates social media intermediaries to disclose the first originator of information, a move WhatsApp vehemently opposes.
Representing WhatsApp, lawyer Tejas Karia underscored the platform’s unwavering stance, stating unequivocally that if compelled to break encryption, WhatsApp would exit the country.
Addressing a division bench led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, Karia highlighted that WhatsApp’s encryption serves as a cornerstone of user privacy and security, and any compromise to this protocol would put billions of users’ privacy at risk.
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WhatsApp’s counsel underscored the constitutional ramifications of the rule, urging the court to scrutinise its validity under the Information Technology Act.
“There are two rights. One is privacy. At the same time, the government has a right to know… for instance, if a terrorist is sending a message, he has to be caught. We are caught in between. Whether I should break my platform for one of the instances or for billions of instances. Is it proportionate? That has to be considered. The court will have to examine the constitutional validity of this rule,” Karia said, as quoted by a news portal.
In the past, other messaging platforms have also affirmed their dedication to end-to-end encryption.
In a conference held earlier in June, Signal CEO Meredith Whittaker reaffirmed her platform’s steadfast commitment to this encryption standard, stating that Signal would rather shut down than compromise on privacy assurances.
With the legal proceedings ongoing, the future of WhatsApp’s operations in India remains uncertain, highlighting the need to strike a balance between of technology, privacy, and regulatory scrutiny in the modern era.
