Meta’s WhatsApp has issued a warning, stating it may cease its operations in India due to the implementation of new regulatory measures.
During a hearing at the Delhi High Court, WhatsApp expressed that it would effectively shut down its services in India if compelled to compromise message encryption, as reported by an Indian media outlet.
The company’s lawyer, Tejas Karia, informed the Division Bench that WhatsApp’s operations in India would come to a halt if it were forced to break encryption.
WhatsApp argued that its end-to-end encryption provides crucial privacy protection to users, ensuring that only the sender and recipient can access message content. The platform’s privacy features have contributed to its widespread use for communication, according to the lawyer.
Meta, the parent company of WhatsApp and Facebook, contested India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. These rules mandate the tracing of chats and identification of message originators, actions that WhatsApp believes would weaken encryption and violate user privacy rights under the Indian Constitution.
Karia highlighted the uniqueness of these rules, noting that similar regulations do not exist elsewhere globally. Compliance would require storing vast amounts of messages for extended periods, posing significant logistical challenges.
WhatsApp argued that the rules not only undermine content encryption and user privacy but also infringe upon fundamental rights protected under the Constitution of India.
In response, the Indian government’s lawyer defended the regulations, stressing the necessity of tracing message originators, particularly in current times.
Acknowledging the complexity of privacy rights, the court noted the importance of striking a balance. The petitions are scheduled for hearing on August 14.
India represents WhatsApp’s largest market, boasting over 400 million users. Meta CEO Mark Zuckerberg previously praised India’s prominent role in embracing messaging technologies during Meta’s annual event last year.
