WhatsApp Sues Indian Government, Say New Media Rules Mean End of Privacy

New Delhi: WhatsApp filed a lawsuit in Delhi against a government that wants to block laws that went into effect on Wednesday when experts said it would force California-based Facebook unit to break privacy protections, sources said.

The lawsuit, filed by Reuters by acquaintances, has asked the Delhi Supreme Court to declare that one of the new laws violates India’s privacy rights because it requires telecommunications companies to find the “first inventor of information” when authorities require it.

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Although the law requires WhatsApp to only disclose people suspected of wrongdoing, the company says it cannot do that alone in practice. In addition, because messages are encrypted at the end of the day, compliance with the WhatsApp rule states that there will be an outgoing encryption for recipients and “creators” of the messages. We aim to comply with the terms of IT regulations: Facebook

Facebook on Tuesday said it was “intended to comply” with new government regulations aimed at regulating online content, just hours before the end of the three-month deadline for social media companies. We aim to comply with the terms of IT regulations: Facebook.

WhatsApp Spokesman Declined to Comment

The case escalates a growing struggle between the government of Indian Prime Minister Narendra Modi and technology giants including Facebook, Google Parents’ Alphabet, and Twitter in one of their key global market markets.

The situation escalated after police raided Twitter offices earlier this week. This small blogging service had a label posted by a spokesman for the ruling party and others as containing “used media,” claiming that false content was included.

The government has also pressured technology companies to remove what he described as false information about Covid-19 disease in India and some criticism of the government’s response to the problem, which is taking the lives of thousands of people every day.

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The companies’ response to the new rules has been the norm since it was introduced in February, 90 days before it was considered to take effect.

The Intermediary Guidelines and Digital Media Ethics Code, issued by the Department of Information Technology, defines “critical communication mediators” as representatives who lose protection in criminal cases and criminal prosecution if they fail to comply with this code.

WhatsApp, its parent rivals Facebook and technology have all invested heavily in India. But company officials are secretly concerned that too much government legislation could jeopardize those opportunities.

Among the new rules is the need for key telecommunications firms to appoint Indian citizens to the most important law enforcement agencies, remove content within 36 hours of law order, and establish a mechanism to respond to complaints. They should also use automated procedures to reduce pornography.

Facebook said it agrees with most of the offers but is still looking to discuss certain things. Twitter, which has been the subject of much debate over its failure to take over the reins of government critics, declined to comment.

Larger social media companies such as Facebook, Twitter, YouTube, Instagram, and WhatsApp are losing the legal protection of user content posted on their platforms from today. They respond to the laws of India and India like any other ordinary citizen or local organization. Some in the industry are hopeful that the new law will be delayed while such protests are heard.

The WhatsApp complaint cites the 2017 Supreme Court decision to maintain confidentiality in a case known as Puttaswamy, people familiar with it said.

The court ruled at the time that confidentiality should be maintained in cases where legitimacy, demand, and equality were all measured. WhatsApp says the law has break down all three tests, starting with a need of clear parliamentary support.

Experts Support WhatsApp Disputes

“New tracking and screening could end life-threatening crashes in India,” wrote Stanford Internet Observatory expert Riana Pfefferkorn in March.

First, journalists point out that the expansion of digital publishing technology laws, including the establishment of ethical and taste standards, is not underpinned by the basic law.