WhatsApp threatens exit over encryption dispute in Delhi High Court

WhatsApp has issued a warning that it may exit operations if compelled to compromise its end-to-end encryption, Advocate Tejas Karia informed the Delhi High Court during a hearing challenging Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Representing WhatsApp, Karia reiterated the platform’s staunch commitment to privacy and encrypted communication, stating that WhatsApp would cease operations if forced to break encryption, according to a report by the Bar and Bench.

The Delhi High Court is currently hearing petitions filed by WhatsApp and Facebook (now Meta) challenging Rule 4(2) of the IT Rules 2021. This rule requires social media intermediaries to facilitate the identification of the first originator of information upon court or competent authority orders. Karia argued that complying with this rule would entail WhatsApp storing billions of messages for several years, a requirement not imposed elsewhere globally.

In response to the court’s queries, Advocate Kirtiman Singh, representing the central government, underscored the importance of tracing message originators, especially in the current context. With India being WhatsApp’s largest market with over 500 million users, and government bodies relying on the app to swiftly disseminate crucial information, the stakes are high on both ends.

Singh further highlighted that the rule exceeds the mandates of the Information Technology Act, which does not mandate breaking encryption. The court adjourned the case to August 14, where it will be heard alongside other cases challenging various provisions of the IT Rules 2021.