Why WhatsApp's Arguments Against GoI's Rules On Message Traceability Are Not Convincing

Let’s recall what exactly GoI is asking for: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 came into force on May 26.

- Jiten Jain

One of its provisions requires identification of the first originator of any information if it is required by a judicial order or by an order of a competent authority under Section 69 of the Information Technology Act, 2000.

WhatsApp has approached the Delhi high court, challenging this rule on three grounds – i) it violates the fundamental right to privacy and freedom of speech and expression guaranteed under Article 19 of the Constitution; ii) it is ultra vires the Information Technology Act, 2000; and iii) it violates Article 14 of the Constitution.

Interestingly, though WhatsApp has invoked Article 19 (1) that provides for the right to freedom of speech and expression as a fundamental right, it has conveniently ignored Article 19 (2) that provides for reasonable restrictions on fundamental rights on certain specified grounds.