In a significant development, instant messaging app WhatsApp has informed the Delhi High Court that it would cease operations if compelled to compromise its message encryption, which ensures that only the sender and receiver can access messages.
WhatsApp’s parent company Meta has challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which require companies to trace chats to identify message senders.
During a hearing on Thursday, WhatsApp’s lawyer stated, “As a platform, we are saying, if we are told to break encryption, then WhatsApp goes.” The lawyer highlighted the impracticality of complying with such rules, noting that storing and decrypting millions of messages over many years would be untenable.
With over 400 million users in India, WhatsApp emphasized that its popularity is largely due to its privacy features.
WhatsApp argued that any regulations undermining message encryption and user privacy violate fundamental rights guaranteed by Articles 14, 19, and 21 of the Indian Constitution.
Previously, the Indian government had asserted that WhatsApp and Facebook, which monetize user information for business purposes, cannot claim to prioritize privacy legally. This ongoing legal battle underscores broader debates surrounding data privacy and encryption in the digital age.
