WhatsApp Lawsuit Fuels Fears Over India's New Social Media Rules

 WhatsApp lawsuit seeks to block regulations taking effect that experts say would compel the firm to break privacy protections.

Advertisement
By Reuters | Updated: 26 May 2021 16:50 IST
Highlights
  • WhatsApp, which has nearly 400 million users in India
  • Intermediary Guidelines & Digital Media Ethics Code unveiled in February
  • Several countries have introduced a slew of Internet legislation

WhatsApp said it will continue to engage with the government of India on practical solutions

New rules governing social media companies in India will make it hard for the firms to operate and give authorities the power to censor Internet users, campaigners warned after WhatsApp filed a suit against the Indian government.

WhatsApp, a unit of Facebook, filed a legal complaint in Delhi against the Indian government, seeking to block regulations taking effect on Wednesday that experts say would compel the firm to break privacy protections.

Advertisement

The lawsuit asks the Delhi High Court to declare one of the rules a violation of privacy rights in India's constitution since it requires social media firms to identify the "first originator of information" when authorities demand it.

"This is probably the most significant privacy case in India," said Nikhil Pahwa, founder of technology publication Medianama.

Advertisement

"Yes, platforms need to be regulated. But in a manner that gives users power over platforms. Not in a manner that empowers government and allows them to use platforms to control user speech," he said in a tweet.

WhatsApp, which has nearly 400 million users in India, said it will "continue to engage with the government of India on practical solutions aimed at keeping people safe, including responding to valid legal requests for the information available to us".

Advertisement

"Requiring messaging apps to 'trace' chats is the equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp, which would break end-to-end encryption and fundamentally undermines people's right to privacy," WhatsApp said in a statement cited by NDTV news.

The lawsuit comes amid clashes between Prime Minister Narendra Modi's government and tech giants including Facebook, Google parent Alphabet, and Twitter, in one of their key markets.

Advertisement

The government has demanded that the firms remove what it has said is misinformation on the COVID-19 pandemic ravaging India, as well as criticism of the government's response to the crisis and to farmers' protests earlier.

The new Intermediary Guidelines and Digital Media Ethics Code, that was unveiled in February, requires that big social media firms appoint Indian citizens to key compliance roles, remove content within 36 hours of a legal order, and set up a mechanism to respond to complaints.

The firms stand to lose protection from lawsuits and criminal prosecution if they fail to comply.

"This means they will find it very difficult to operate in India as they will be liable in all types of legal cases which will include claims of monetary fines or even criminal prosecutions," said Apar Gupta, executive director of Internet Freedom Foundation, a digital rights groups in Delhi.

"This will have a chilling impact on internet users in India as platforms will censor more speech under the threat of enforcement," he told the Thomson Reuters Foundation.

Across Asia, several countries have introduced a slew of Internet and data-use legislation in recent months, with human rights group warning that these measures raise the risk of mass surveillance and violations of free speech.

At least six other petitions have been filed in Indian courts challenging the new social media code, according to the Internet Freedom Foundation.

The code has raised "major concerns around freedom of speech and expression and will be detrimental to the principle of free and open internet", said Prasanth Sugathan, legal director of digital rights group SFLC.in, which has filed a petition.

"It is possible that more social media intermediaries will approach the courts," he added.
 

© Thomson Reuters 2021
 


It's Google I/O time this week on Orbital, the Gadgets 360 podcast, as we discuss Android 12, Wear OS, and more. Later (starting at 27:29), we jump over to Army of the Dead, Zack Snyder's Netflix zombie heist movie. Orbital is available on Apple Podcasts, Google Podcasts, Spotify, Amazon Music and wherever you get your podcasts.
Affiliate links may be automatically generated - see our ethics statement for details.
 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Further reading: WhatsApp, Facebook
Advertisement

Related Stories

Popular Mobile Brands
  1. Xiaomi 17 Max Debuts With 8,000mAh Battery, Leica-Tuned Cameras: See Price
  2. PS Plus Prices Hiked Across All Tiers in India: Check New Pricing
  3. Xiaomi Clip Open-Ear Earbuds Launched With Up to 38 Hours Total Battery Life
  4. Oppo Enco Air 5 Pro With 12mm Drivers Arrives in India at This Price
  5. Maa Behen OTT Release: When and Where to Watch it Online?
  6. Oppo Find X9 Ultra Launches in India With Hasselblad-Tuned Camera Setup
  7. Samsung Galaxy S27 Pro Leak Hints at Major Shake-Up for Galaxy S Lineup
  8. Oppo Find X9s With Hasselblad-Tuned Cameras Arrives in India at This Price
  9. Oppo Find X9s Review: Almost 'Pro'
  10. Vivo X500 Pro Max Might Launch This Year With an 8,000mAh Battery
  1. Redmi Note 17 Reportedly Spotted on GSMA Database; May Launch Earlier Than Expected
  2. Oppo Reno 16 Chipset Details Surface via Geekbench Listing; May Feature Dimensity 8500 Chip, 12GB RAM
  3. Scientists Discover New Fuel-Saving Route to the Moon
  4. Madhu Vidhu OTT Release: Where to Watch, Plot, Cast, IMDb Rating, and More
  5. Maa Behen OTT Release Revealed: When and Where to Watch it Online?
  6. LOL: Last One Laughing Germany Season 7 Out on OTT: Know Where to Watch it Online
  7. Warrant: From the World of Vilangu OTT Release Date: When and Where to Watch it Online?
  8. Xiaomi Clip Open-Ear Earbuds Launched With LHDC 5.0 Audio, Up to 38 Hours Total Battery Life: Price, Specifications
  9. Sathi Leelavathi Now Streaming on SunNXT: Everything You Need to Know About Plot, Cast, and More
  10. Xiaomi Smart Band 10 Pro Launched With 1.74-Inch AMOLED Screen, Up to 21 Days Battery Life: Price, Features
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.