![]() violates the fundamental right to freedom of speech and expression, as it chills even lawful speech.it infringes upon the fundamental right to privacy without satisfying the three-part test set forth by the Hon’ble Supreme Court: (i) legality (ii) necessity and (iii) proportionality relying heavily on S. ![]() Petition challenges Rule 4(2) of the Intermediary Rules (“Impugned Rule 4(2)”) for the reason that, Petitioner respectfully submitted that this requirement forces Petitioner to break end-to-end encryption on its messaging service, as well as the privacy principles underlying it, and infringes upon the fundamental rights to privacy and free speech of the hundreds of millions of citizens using WhatsApp to communicate privately and securely. Petitioner WhatsApp LLC (“Petitioner”) had filed this Writ Petition challenging the requirement in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules”) that intermediaries like Petitioner enable “the identification of the first originator of the information” in India on their end-to-end encrypted messaging services (commonly referred to as “traceability”), upon government or court order. ![]() Delhi High Court: A petition was submitted before the High Court of Delhi by Whatsapp LLC with a prayer to issue a writ of mandamus or any other appropriate writ, direction, or order to declare that (i) Impugned Rule 4(2) is violative of Articles 14, 19(1)(a), 19(1)(g), and 21 of the Constitution, ultra vires the IT Act, and illegal as to end-to-end encrypted messaging services and (ii) criminal liability may not be imposed for noncompliance with Impugned Rule 4(2) and any attempt to impose criminal liability for non-compliance with Impugned Rule 4(2) is unconstitutional, ultra vires the IT Act, and illegal. ![]()
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