WhatsApp Moves HC Against New IT Rules, Terms Them Unconstitutional
The Times of India Delhi|May 27, 2021
‘Violate Right To Privacy, Freedom Of Expression’
Abhinav Garg and Pankaj Doval
WhatsApp Moves HC Against New IT Rules, Terms Them Unconstitutional

New Delhi: In an unprecedented move, US chat messenger WhatsApp took the Centre to court over its new rules to trace the origins of “unlawful” messages and breaking its famed end-to-end encryption, arguing that the mandate violates citizens’ fundamental right to privacy and freedom of speech and expression, and thus should be dismissed as “unconstitutional, ultra vires the IT Act, and illegal”.

Filing a petition in the Delhi high court on the first day of the implementation of the new IT guidelines and rules which mandate top social media companies (such as WhatsApp, Facebook, Google and Twitter) to identify the source of an unlawful message within 72 hours, the top instant messenger said the guidelines are a violation of its rights under Articles 14 and 21 of the Constitution, and also the rights of its more than 400 million users in the country.

WA: CAN’T BREAK ENCRYPTION

WHATSAPP

Asks Delhi HC to declare that one of the new rules is a violation of privacy rights since it requires social media companies to identify the ‘first originator of information’ when authorities demand it

While the law requires WhatsApp to unmask only people credibly accused of wrongdoing, the company says it cannot do that alone in practice. Messages are end-to-end encrypted, so to comply with the law, WhatsApp says it would have to break encryption for receivers, as well as ‘originators’, of messages

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