WhatsApp vs Indian Govt: What does the Indian Government want from WhatsApp?

Last week Meta-owned WhatsApp said that if the government asks it to break end-to-end encryption then WhatsApp will exit India. However, that’s not the only thing the government wants WhatsApp to follow.

The Indian government said that WhatsApp and Facebook cannot claim to protect users' privacy while monetising their data for business purposes. This was told by The Ministry of Electronics and Information Technology (MeitY) in an affidavit filed with the Delhi High Court. The Ministry filed it in opposition to a petition filed by WhatsApp and Facebook challenging newly amended IT Rules, reported moneycontrol.

The affidavit said that WhatsApp infringed upon the fundamental rights of Indian users by preventing them access to dispute resolution mechanisms within the country. The Ministry argued that WhatsApp’s actions violate user rights, citing clauses related to Dispute Resolution and Governing Law.

The Ministry emphasised the importance of implementing the IT Rules 2021. It said that failure to implement would hamper law enforcement agencies’ in tracking down fake messages that could lead to societal unrest. The government made it clear that all social media platforms need to be accountable to both users and the laws of the countries in which they operate.

The Ministry specified that the new IT Rules align globally accepted norms regarding the responsibilities of intermediaries in the digital sphere. The government argues that even if a platform doesn't create harmful content, it can still be held responsible for failing to remove it if it violates local laws. The rules emphasise a concept of "secondary liability" for social media companies.