Will cease to function if forced to break encryption, WhatsApp tells Delhi High Court
Also read: Centre to soon bring amendments to IT rules to curb deepfakes The company said that complying with the rule would require storing vast numbers of messages for extended periods, which no other country mandates. It said the rule exceeded the scope of its parent law, the Information Technology Act, which does not mandate breaking encryption.
When questioned by the bench about similar laws in other countries, WhatsApp confirmed that no other country has made such a request. The government argued that there must be a mechanism in place to trace the originators of messages, citing the need for accountability.
The court acknowledged the need for balance in addressing these concerns and adjourned the case to 14 August, when it will be heard along with more than a dozen other cases challenging various parts of the IT Rules that the Supreme Court had transferred to the Delhi High Court on 22 March. The IT Rules, ostensibly meant to ensure accountability on social-media and digital-news platforms, have been challenged in various high courts, including those in Delhi, Maharashtra, Karnataka, Kerala, West Bengal and Tamil Nadu for potentially violating privacy rights and encouraging self-censorship.
Petitioners include social-media companies such as Meta, as well as news organisations such as The Quint, The Leaflet, and LiveLaw. The Bombay, Madras and Kerala high courts have put the implementation of the IT Rules on hold, while the other cases are pending.
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