WhatsApp's big warning: Tells Delhi high court will exit India if asked to break encryption

WhatsApp, the popular messaging platform owned by Meta, has warned the Delhi High Court that it may have to exit India if compelled to breach the encryption of its messages. The statement came during a hearing regarding petitions filed by WhatsApp and its parent company, challenging the 2021 Information Technology rules aimed at social media intermediaries.

The contentious IT rules, announced by the central government in February 2021, require social media giants like WhatsApp to implement mechanisms for tracing chats and identifying the origin of information, a move that directly clashes with WhatsApp's end-to-end encryption policy.

During the proceedings, WhatsApp's legal representative, Tejas Karia, emphasized the platform's commitment to user privacy, highlighting that the encryption feature is a key factor behind its widespread usage. Karia asserted that if WhatsApp is mandated to break encryption, it would have no choice but to withdraw its services from the Indian market.

The bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, acknowledged the complexity of the issue and sought clarity on similar laws in other jurisdictions. Responding to the bench's inquiry, Karia pointed out that no such rule exists elsewhere in the world, emphasizing the unprecedented nature of the central government's demand.

While the court acknowledged the importance of privacy rights, it also recognized the need to strike a balance, particularly in cases involving objectionable content and communal violence.

The matter has been scheduled for further hearing on August 14, as the court awaits the transfer of additional petitions challenging various aspects of the 2021 IT Rules, which were consolidated and transferred from different high courts across the country following a Supreme Court order issued on March 22.