Today, the Supreme Court rejected a public interest litigation (PIL) petition that sought directives for the Central government to ban WhatsApp’s operations, citing its failure to comply with the new Information Technology Rules (IT Rules).
A Bench of Justices MM Sundresh and Aravind Kumar issued this order today.
The petitioner, Omanakuttan KG, had previously approached the Kerala High Court, seeking directions for the Central government to ban WhatsApp if it failed to comply with government orders.
This plea was filed after WhatsApp challenged the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, before the Delhi Court.
In June 2021, the Kerala High Court dismissed the PIL, deeming it 'premature,' leading to the present PIL before the Supreme Court.
Before the High Court, the petitioner argued that WhatsApp claimed it could not comply with the IT Rules, 2021, due to its end-to-end encryption, which allegedly prevents the tracing of message origins. However, WhatsApp’s privacy policy itself indicates that it stores messages under certain circumstances and has access to users' contacts and other information.
The petitioner further argued that the app lacks security, is anti-national, and facilitates the spread of fake news and harmful content. Concerns were also raised about the reliability of WhatsApp as a medium for serving court summons and legal notices, as the authenticity of such messages cannot be guaranteed.
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