We will leave India if told to break encryption: WhatsApp tells Delhi HC

New Delhi: Messaging application WhatsApp on Thursday told the Delhi High Court that the company would leave India if it was compelled to break encryption of messages and calls under the 2021 Information Technology Rules.

The High Court was hearing a plea by WhatsApp and its parent company Meta challenging a provision of the Information Technology Rules for social media companies, requiring them to identify the first originator of information.

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”.

On Thursday, WhatsApp told the court 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.

“As a platform, we are saying, if we are told to break encryption, then WhatsApp goes,” the messaging application’s counsel told the High Court. It also said that no such rule exists anywhere else in the world.

“People use Whatsapp only because of its encryption,” WhatsApp told the court".

“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.” (Agencies)