WhatsApp moves Delhi High Court against IT Intermediary Rules 2021 mandating it to trace first originator of information

Messaging application, WhatsApp has moved the Delhi High Court challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to the extent that it needs intermediary platforms to make provisions for “identification of the first originator of the information", Indian Express reported. .The Facebook-owned platform has reportedly argued that the provision is unconstitutional and against people’s fundamental right to privacy as underlined by the Supreme Court decision..WhatsApp also submitted that the provision goes against the concept of end-to-end encryption as it would force private companies to collect and store “who-said-what and who-shared-what” data for billions of messages daily just for the requirement of law enforcement agencies..It thus prayed to declare the provision unconstitutional. Direction was also sought to prevent the provision from coming into force, along with preventing criminal liability to its employees for non-compliance..May 25 was the last date for the intermediaries to comply with the new Rules of 2021. .WhatsApp has explained that traceability would it to "turn over the names of people who shared something even if they did not create it, shared it out of concern, or sent it to check its accuracy". .It is apprehended that "innocent people could get caught up in investigations, or even go to jail, for sharing content that later becomes problematic in the eyes of a government, even if they did not mean any harm by sharing it in the first place". .WhatsApp has said that such an approach would also have "chilling effect on what people say even in private settings, violating universally recognized principles of free expression and human rights"..It is further clarified that it "reviews and responds to valid law enforcement requests" by sharing "limited categories of information available to us, consistent with applicable law and policy". .In its petition before the Court, WhatsApp LLC has submitted that the rule on tracibility violates the fundamental rights to privacy and freedom of speech and expression guaranteed under Articles 19 and 21 of the Constitution of India, and Sections 69A and 79 Information Technology Act, 2000..WhatsApp has explained that imposing a requirement to enable the identification of the first originator of information in India would potentially put journalists, civil and political activists at risk. .The petition also states that no other country compels intermediaries to change their systems to enable the identification of the first originator of information on end to- end encrypted messaging services..WhatsApp has further contended that the mandate violates "Data minimisation" principles that dictate that, generally, an online service should only collect and store user data that is essential to provide its service in order to minimize the risks of unauthorized entities accessing that data..Imposing criminal liability for non-compliance of the rule that is unconstitutional is also illegal, it is said.