WhatsApp is a widely used social media application worldwide. In India alone, it has more than 400 million users. However, it seems like these millions of Indian users will have to look for an alternative as WhatsApp might pull the plug on its services in India.
Why might WhatsApp exit India?
In the Delhi High Court on Thursday, WhatsApp said that if it was compelled to compromise its end-to-end encryption and divulge user data to the government, then its services in India would be terminated. 
What are India’s requirements?
In 2021, the Indian government unveiled new guidelines for social media platforms. Government’s perspective in implementing such rules was to ensure that the public is saved from fake news and combat fake news and hate speech by tracing the origin of information.
So, a provision demanded the identification of the “first originator” of messages, triggering concerns over user privacy. These rules have since faced legal challenges, prompting amendments.
WhatsApp and its parent company Meta had filed a plea challenging India’s 2021 IT rules for social media intermediaries, particularly objecting to the requirement to identify the initial source of information.
What does the plea by WhatsApp challenge?
The plea challenges Rule 4(2) of the 2021 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules which requires significant social media companies to enable the “identification of the first originator of the information”. WhatsApp brought into court’s notice that the rules violate the fundamental rights of the users under Articles 14 (equality before law), 19 (freedom of speech) and 21 (protection of life and personal liberty) of the Constitution.
Further, WhatsApp told the court that “People use WhatsApp only because of its encryption.” and “Now by
implementing this rule, we will have to break the encryption. Otherwise, it won’t be possible to trace the originator. Billions and billions of messages may have to be stored for ‘n’ number of years, because there is no limit here.”
The High Court observed that “privacy rights were not absolute” and “somewhere balance has to be done”.
The court has listed the matter on August 14, 2024.
