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Why has WhatsApp threatened to leave India? Here's all you need to know

The HC was hearing a petition by WhatsApp and its parent company Meta (formerly known as Facebook), challenging India’s 2021 IT Rules for social media intermediaries requiring the app to trace chats and make provisions to identify the original source of the information.

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In a surprising move, Meta-owned WhatsApp has threatened to leave India if the messaging Giant is compelled to break its end-to-end encryption feature.

“As a platform, we are saying, if we are told to break encryption, then WhatsApp goes,” the lawyer appearing for the company told the Delhi High Court.

The HC was hearing a petition by WhatsApp and its parent company Meta (formerly known as Facebook), challenging India’s 2021 IT Rules for social media intermediaries requiring the app to trace chats and make provisions to identify the original source of the information.

On February 25, 2021, The government introduced the Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules and social media platforms including X (formerly Twitter), Facebook (now Meta), Instagram, and WhatsApp have to adhere to the norms.

WhatsApp stands for end-to-end encryption, ensuring messages and media remain confidential between the sender and receiver. The company firmly takes a stand against any changes to this encryption, stating it as a violation of users' right to privacy. WhatsApp now is taking legal measures, by challenging Rule 4(2) of the intermediary rule as unconstitutional.

While the government, In the wake of rampant misinformation during the COVID-19 pandemic, the government stresses the value of tracking down the origin of such information. This strategy efficiently combats fake news and hate speech. By having a hold on where the information is originating, the concerned authorities can swiftly manage and control harmful content spread across social media platforms.

When asked by the court if the issue has been considered in any other country, the lawyer representing WhatsApp said, “There is no such rule anywhere else in the world. Not even in Brazil. We will have to keep a complete chain and we don’t know which messages will be asked to be decrypted. It means millions and millions of messages will have to be stored for a number of years.”

Moreover, the Delhi HC will hear the case in August 2024, including petitions filed against the IT Rules in several High Courts across India.

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