WhatsApp on Wednesday filed a lawsuit in Delhi High Court against the Indian government over the IT Rules 2021 arguing that the rules are unconstitutional and beyond the scope of the parent Act. Download a copy of WhatsApp’s petition here. In its initial response to the lawsuit, the Indian government said that it does not have any intention to violate the privacy of a citizen, but added that the Right to Privacy is not absolute and that compliance with the rules was necessary for "public interest." What is the lawsuit contesting? WhatsApp's lawsuit is contesting Rule 4(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This rule requires a significant social media intermediary providing services primarily in the nature of messaging to enable the identification of the first originator of the information. WhatsApp argues that this traceability mandate will require the platform to break end-to-end encryption for all its users, which will violate the users' right to privacy and freedom of speech and expression, and is beyond the scope of the parent Act. What is WhatsApp asking for and on what grounds? In its petition, WhatsApp has requested the court to: Declare Rule 4(2) as unconstitutional, ultra vires the IT Act, and illegal. Ensure that there is no criminal liability imposed on the platform for any alleged non-compliance to the said rule. Provide interim relief by staying Rule 4(2) pending adjudication of this lawsuit. The last day to comply with the rules was May 25. WhatsApp has made these requests on…
