WhatsApp to Delhi HC: Will shut down India operations if forced to break encryption

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WhatsApp will prefer shut down operations in India rather than break encryption, as privacy is at the centre of WhatsApp's services in India. With over 400 million users, India stands as WhatsApp's largest market read more

WhatsApp and its parent company, Meta, are challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. Image Credit: Reuters

In an ongoing hearing at the Delhi High Court, Meta-owned WhatsApp told the court that it would effectively cease operations in India if it is forced to compromise message encryption.

The platform emphasised that end-to-end encryption is at the core of its services and safeguards user privacy by ensuring that only the sender and recipient can access message content.

"As a platform, we are saying, if we are told to break encryption, then WhatsApp goes," Tejas Karia, appearing for WhatsApp,

He underscored that people choose WhatsApp for its robust privacy features. With over 400 million users, India stands as WhatsApp's largest market.

Meta CEO Mark Zuckerberg previously lauded India's adoption of messaging technologies during a virtual address at Meta's annual event last year. "India (is) a country that's at the forefront… You're leading the world in terms of how people and businesses have embraced messaging," he had said.

WhatsApp and its parent company, Meta, are challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which mandate the tracing of chats and identification of original messengers.

The companies arguing against the IT Rules 2021, argue that these rules undermine encryption, thus infringing upon user privacy guaranteed by the Indian Constitution.

The messaging platform contends that the regulations not only compromise encryption but also violate fundamental rights enshrined in Articles 14, 19, and 21 of the Indian Constitution.

WhatsApp's legal representative emphasised the absence of similar regulations globally, stressing the impracticality of storing vast amounts of decrypted messages for extended periods.

On the other hand, Kirtiman Singh, representing the central government, defended the regulations, citing the necessity to trace message originators in the contemporary environment.

The Delhi High Court has scheduled hearings for WhatsApp and Meta's petitions on August 14, acknowledging that privacy rights are not absolute and require a delicate balance.

(With inputs from agencies)