WhatsApp threatens to exit India if forced to break message encryption

WhatsApp informed the Delhi High Court today that the platform would cease to operate if forced to break end-to-end encryption of messages. Advocate Tejas Karia, representing WhatsApp, emphasised the platform's commitment to privacy and encrypted communication.

“As a platform, we are saying, if we are told to break encryption, then WhatsApp goes,” Karia told a Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, according to a report by the Bar and Bench.

The court is hearing petitions filed by WhatsApp and Facebook (now Meta) challenging Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The rule mandates social media intermediaries to enable identification of the first originator of information when ordered by a court or competent authority. Karia argued that this would necessitate WhatsApp to store billions of messages for several years, a requirement not present anywhere else globally.

The bench questioned Karia if any other market in the world is discussing a similar issue. The bench asked, 'have these matters been taken up anywhere in the world? You have never been asked to share the information anywhere in the world? Even in South America?”

To with Karia replied, "No, not even in Brazil."

Following the hearing, WhatsApp told Business Today, "We remain committed to safeguarding the privacy of our users which is integral to India’s Digital growth and progress. Since the issue is currently sub judice before the Hon'ble High Court of Delhi, we are unable to offer further comments."

Govt's Response

In response to the statements, Advocate Kirtiman Singh, who was appearing for the central government, claimed that it is important to trace message originators, especially in current circumstances. The stakes are high at both ends considering that India is the biggest market for WhatsApp with over 500 million users. The app is also used by multiple govt bodies to disseminate important information instantly to the citizen's hands.

He further noted that the rule exceeds the Information Technology Act, which does not mandate breaking encryption. The court adjourned the case to August 14, and it will be heard along with other cases challenging various provisions of the IT Rules 2021.

WhatsApp completely rolled out end-to-end encryption from the year 2016. WhatsApp claims that "Privacy and security is in our DNA, which is why we built end-to-end encryption into our app. When end-to-end encrypted, your messages, photos, videos, voice messages, documents, status updates, and calls are secured from falling into the wrong hands."