WhatsApp sues Indian government over new IT laws, says ‘encroaches privacy’


Daijiworld Media Network - New Delhi (SD)

New Delhi, May 26: In purview of the new IT laws passed, WhatsApp has sued the Indian government stating that the new laws will severely undermine the privacy of their users.

The news IT laws give the Indian government greater power to monitor online activity, including on encrypted apps like WhatsApp and Signal. The laws were criticized and called oppressive and draconian. They were passed in February but were due to come into effect on Wednesday, May 26.

The government intending to monitor the activities in social media of every citizen, under the WhatsApp laws, encryption – which keeps communications on the app private and inaccessible to outside parties – would have to be removed from WhatsApp in India and messages would have to be put into a 'traceable' database. The government would then be able to identify and take action against the sender if any content was ruled 'unlawful'.

The company filed a lawsuit in the Delhi courts on Wednesday on the basis the new laws are unconstitutional and a violation of citizen’s right to the preservation of privacy, as mentioned in a 2017 Supreme Court ruling. WhatsApp, which has over 400 million users in India and is a fundamental tool of communication across the country, had previously said it would not store the data of its users and protect the privacy of its users.

“Some governments are seeking to force technology companies to find out who sent a particular message on private messaging services. This concept is called ‘traceability’,” said WhatsApp in an online statement. “WhatsApp is committed to doing all we can to protect the privacy of people’s personal messages, which is why we join others in opposing traceability.”

The legal challenge is the latest escalation of a battle between big tech companies which have a huge and growing user base in India, and the Indian government, led by Prime Minister Narendra Modi, which has brought in increasingly heavy-handed measures to regulate the online sphere, which is seen as a space for dissent.

A lawyer for WhatsApp told the Delhi high court, “A government that chooses to mandate traceability is effectively mandating a new form of mass surveillance.

“In order to trace even one message, services would have to trace every message. There is no way to predict which message Indian government would want to investigate in the future.”

The Modi government has already clashed repeatedly with Twitter, demanding that the site remove anti-government tweets related to the farmers’ protests earlier this year and more recently tweets which criticised the government’s handling of the pandemic.

Twitter has complied with some requests and made certain posts unavailable to view inside India, but refused to comply with others. Facebook and Instagram were also recently instructed to remove anti-government posts mentioning coronavirus, on the basis they could cause 'panic'.

Under the new IT rules, social media companies have to remove content within 36 hours of a legal order and have to appoint an Indian-based 'compliance officer' to deal with any complaints. The laws also apply to online media, and have been described as further muzzling of the media in India.

On Monday, the Delhi police, who are under the control of the home ministry, arrived at the empty Twitter offices in Delhi late at night in what was initially described as a 'raid'. It was later clarified as a legal notice being served to the company, after a tweet by a politician from the ruling Bharatiya Janata Party (BJP) was labelled as 'manipulated media'. The tweet was of a document which evidence had shown was faked.

This is one of the first times that WhatsApp, an encrypted messaging app owned by Facebook, has filed a lawsuit against a national government.

 

 

 

 

 

 

  

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Comment on this article

  • NS BHAT, Mangaluru

    Thu, May 27 2021

    Nowadays some people hide thier illegal activities behind "privacy policy" of social media apps. Common people are misled by these anti nation messages. So it is correct to frame such laws to trace illeagal, misleading messages and thier generators. But this tracing system must be transparent. That means, govt should release the details of such traced messages with reasons to public.

    DisAgree Agree Reply Report Abuse

  • Roger, Palimar

    Thu, May 27 2021

    Seems some are dumb found and not saying because of Nehru's policies Govt. at the center had to take this step... some want to say... scheming of opposition....

    DisAgree Agree Reply Report Abuse

  • Paul dsouza, balakunje

    Wed, May 26 2021

    Indian constitution will be dissolved & electoral VOTING will replace YOGI & REPLACED MODI. Not ronly WhatsApp even Facebook is dangerous to post. Facebook become now Facebook & its totally controlled by BjP controlled IT CELLS. Whatever these days posts on Facebook....fake & falls news generated by IT CELL. ..also names are used Muslims & Christians. So, nothing to worry or scared, but not to use wrong languages on Facebook.

    DisAgree [2] Agree Reply Report Abuse

  • David Pais, Mangalore

    Wed, May 26 2021

    rss backed govt., is now scared of WhatsApp & facebook

    DisAgree [7] Agree [13] Reply Report Abuse

  • Bhavya Baliga, Udupi

    Wed, May 26 2021

    Toolkit privacy.

    DisAgree [5] Agree [7] Reply Report Abuse

  • T.Dsilva, Udupi

    Thu, May 27 2021

    No,,,,, Actually ,,UP Yogi's state dead body, river floating and burial Secrecy..

    DisAgree [2] Agree [2] Reply Report Abuse

  • Rational thinker, Mangalore

    Wed, May 26 2021

    The moment the government starts interfering with peoples’ privacy, there is no more democracy left in the country.

    DisAgree [6] Agree [19] Reply Report Abuse

  • Evans C Sumitra, Udupi/New York, USA.

    Wed, May 26 2021

    sri_elder, Karkala, Your comments make no sense at all. Grow up man.

    DisAgree [4] Agree [4] Reply Report Abuse

  • Dr. Mohan Prabhu, Mangalore/Canada

    Wed, May 26 2021

    Reasonable IT laws are necessary; if they are not there, people who have no guts to come out openly will shelter behind anonymity to undermine the security of India, and there will be no way to know whether the users are paid informers of foreign governments or genuine concerned citizens of the country. What good are they promoting by hiding behind anonymity? Security of the State is paramount; privacy laws and constitutional freedoms have to submit; otherwise the media can provoke insurrection by publishing false or fake propaganda.

    DisAgree [11] Agree [5] Reply Report Abuse

  • Joe, Mangalore

    Wed, May 26 2021

    Dr. Mohan , thanks for posting your comments, barring you and few others none of them know what these new IT laws are., they are posting venom out of hatred for modi and the ruling party, not on the merits or demerits of the laws. Simple question to readers, if they can follow the laws of China and European Union which are tougher than our laws why not in India.

    DisAgree [9] Agree [8] Reply Report Abuse

  • naveen marakala, Mangalore

    Wed, May 26 2021

    Govt only request these Social Medias when there is an investigation and need proof or evidence. Why they deny it and these type of appeal not to be entertained by the courts...... India's security is first.....

    DisAgree [10] Agree [4] Reply Report Abuse

  • naveen marakala, Mangalore

    Wed, May 26 2021

    WhatsApp’s separate privacy policies for Europe and India raise concerns........

    DisAgree [6] Agree [9] Reply Report Abuse

  • Bob, Mangalore

    Wed, May 26 2021

    When BJP's notorious IT cell spread hatred and venom of communalism in social media which helped Modi in winning elections, the government was totally silent on communal remarks. Now they woke up as people of India are fuming in anger against real 'anti-nationals'

    DisAgree [8] Agree [35] Reply Report Abuse

  • Evans C Sumitra, Udupi/New York, USA.

    Wed, May 26 2021

    Bob, Mangalore, I have no words to express on your most sensible truthful comments.

    DisAgree [3] Agree [13] Reply Report Abuse

  • Joel, Mangalore

    Wed, May 26 2021

    Oh no pls don't ban twitter, so many BJP IT cell members will lose jobs .

    DisAgree [8] Agree [31] Reply Report Abuse

  • Charles D'Mello, Pangala

    Wed, May 26 2021

    If Facebook and WhatsApp is closed, then BJP can rule India forever with their Godi Media propagating only bullshit to citizens. This is the idea behind it. People can never express their own opinions.

    DisAgree [9] Agree [43] Reply Report Abuse

  • John, Mangalore

    Wed, May 26 2021

    Liberal Communists control whatsapp and other big techs presently name sake some indian ceos, to push liberal ideologies, no gender, soon no religions also or (namesake religion to celebrate only feast of all religion). That's how they bring difference in opinion in families, society and nation, finally ruthless dictatorship like China, Russia, North Korea and Venezuela. Finally they bring viruses and hightech (nano tech) vaccine to control or decimate or enslave humanity. (Luciferase, CRISPR Dna changing technology / 5 G / transhumanism / Advance surveilance technology these elites and communists are of masters, in controlling and enslaving humans like robots). Better Godliness, believing in God than falling under ruthless Godlessness.

    DisAgree [4] Agree [11] Reply Report Abuse

  • Sunil K, Mangalore

    Wed, May 26 2021

    When all social media join hands against this oppressive government regime then our Crying Sevak will be the only politician with zero followers. Another achievement under acche din Raj.

    DisAgree [8] Agree [28] Reply Report Abuse

  • Ajay Rebello, Kallianpur

    Wed, May 26 2021

    And people wonder why farmers ate still adamantly protesting.

    DisAgree [5] Agree [42] Reply Report Abuse

  • Ozy, Surathkal

    Wed, May 26 2021

    It's a shame Government of India is sued.

    DisAgree [7] Agree [46] Reply Report Abuse

  • sri_elder, Karkala

    Wed, May 26 2021

    I welcome IT laws. They are required for our national security. WhatsApp need to surrender

    DisAgree [70] Agree [11] Reply Report Abuse

  • Kudla Stories, Kudla

    Wed, May 26 2021

    Not at the cost of ones privacy !!

    DisAgree [5] Agree [43] Reply Report Abuse

  • sri_elder, Karkala

    Wed, May 26 2021

    Those are laws passed by the parliament. In practice, Government has no time to read everyone's chat messages. But security agencies will usually scan only doubtful senders and receivers

    DisAgree [33] Agree [9] Reply Report Abuse

  • John, Mangalore

    Wed, May 26 2021

    What Privacy Whatsapp fooling about? Whatsapp new privacy stealing data linking thru facebook for their analytics and pushing ads and controlling free speach and to push their liberal ideologies, ads etc? That these bigtechs dont say ... Already messages being read by these giants one gets auto answers to reply when a new message is received... Some gooddies same time read messages for ad business or for profiling ?

    DisAgree [3] Agree [11] Reply Report Abuse

  • Kudla Stories, Kudla

    Wed, May 26 2021

    Passed in the parliament, without seeking consent or even allowing proper debate with the opposition. In other words a sham called parliamentary debate

    DisAgree [5] Agree [23] Reply Report Abuse

  • HENRY MISQUIITH, India

    Wed, May 26 2021

    When BJP's notorious IT cell spread hatred and venom of communalism in social media which helped Modi in winning elections, the government was totally silent on communal remarks. Now they woke up as people of India are fuming in anger against real 'anti-nationals'

    DisAgree [3] Agree [56] Reply Report Abuse

  • Paul dsouza, balakunje

    Wed, May 26 2021

    EVEN THE FACEBOOK TURNED TO FAKEBOOK. FRON IT LOT OF INTERFERE IN EVEN ON SOME LOGIC FORWARDS. REALLY IT BECAME LIKE OFFER THEM STICK & BEATEN BY. WE ASSUME ITS ONE SIDED.

    DisAgree [1] Agree [4] Reply Report Abuse

  • vishnu bhat, bangalore

    Wed, May 26 2021

    at least someone is suing the GOI for arbitrary and one-sided decisions & legislations! well done!

    DisAgree [3] Agree [38] Reply Report Abuse

  • Kuchan, Kudla

    Wed, May 26 2021

    How many of us shared good things about others in Whatsapp and how many shared bad things about us...

    DisAgree [5] Agree [5] Reply Report Abuse

  • Indian, Bangalore

    Wed, May 26 2021

    Billi became chuha! The govt that won through social media. All thanks to the enlightened bhakts!

    DisAgree [8] Agree [43] Reply Report Abuse

  • Kareembhan Charmi, Mangalapuram

    Wed, May 26 2021

    This Government is so insecure, they cannot even trust their own citizens despite getting a massive majority .... obviously it means that this is no more a popular people friendly Government..... are we heading to be a Russia, North Korea or China ..??? They love praises but are scared of criticism.... freedom of thought and speech is guaranteed under the sacred constitution...

    DisAgree [4] Agree [52] Reply Report Abuse

  • Clifford, Mangalore

    Wed, May 26 2021

    It is press censorship and abolishing freedom of speech by stealth. It was ok when BJP was using the same social media to spread their fake news but when others posting genuine messages they don’t like it. Feku dictators gone to extreme. I hope people now realise what they are doing.

    DisAgree [3] Agree [53] Reply Report Abuse

  • Parbu, Mangalore

    Wed, May 26 2021

    Under BJP Modi and Amit Shah rule only Adani-Ambani and Arnab will be safe.

    DisAgree [3] Agree [60] Reply Report Abuse

  • Sameer, Riyadh

    Wed, May 26 2021

    Finding a message on whatsapp is like finding a needle in a haystack. This government thinks it knows everything. There are passwords, financial, credit card numbers too shared between people on whatsapp. What if the database is hacked? Will the Indian government take responsibility? If traceability falls into the wrong hands - then we are doomed. What is the point of 'E2E encryption' then?

    DisAgree [4] Agree [38] Reply Report Abuse

  • Gurka, mangaluru

    Wed, May 26 2021

    Democracy almost gone from INDIA long back since the people voted them lavishly and bjpeee taken as granted that support !! bjp fully enjoying the power ! till the end !!

    DisAgree [2] Agree [46] Reply Report Abuse

  • DMBangera, Mangalore/Mumbai

    Thu, May 27 2021

    Your definition of "democracy"seems to be to continue the pampering of viruses which Indians mistakenly accepted over a thousand years ago.

    DisAgree Agree Reply Report Abuse

  • Pnds, Mangalore

    Wed, May 26 2021

    Is this a semi emergency in india bjp launching?

    DisAgree [2] Agree [44] Reply Report Abuse

  • Vicky, Shastri Circle/Kundapura

    Wed, May 26 2021

    If government decided to ban Facebook-Whatsapp, Twitter..a big blow to western world. Not able to rule on people's mind in India pouring negativity against government. Wants to teach them a lesson is essential at this hour. In this context what did by China is correct using there own Apps.

    DisAgree [53] Agree [9] Reply Report Abuse

  • Kudla Stories, Kudla

    Wed, May 26 2021

    Wow Vicky !!! You want everything else from the western world, but lo you telling Modi wants to teach a lesson. Every bhakth in the western world if they have any shame left, please come back to India. What are you doing there ??? And if anyone wants me to go there, ofcourse, I would be damn happey. Just arrange a green card and a first class air ticket, I would be gone in a jiffy. But first every bhakth, working in the western world come back and stop working in western companies. Stop being selective dear Vicky. Open your eyes.

    DisAgree [4] Agree [32] Reply Report Abuse

  • Kudla Stories, Kudla

    Wed, May 26 2021

    The BJP govt has become so insecure and paranoid that one day they will ask all of us to have cc tv cameras in our bedroom, toilet also

    DisAgree [9] Agree [71] Reply Report Abuse

  • nellu, kudla

    Wed, May 26 2021

    BUT BHAKTHAS WILL SAY..JO BE KAREGA MODI. SOOCH SAMAJ KE KAREGA.. THEY SOLD THIER MIND HEART SOUL everything to him. they dnt bother ,if they become road pathi too. anyways they have cow nd dung for their protection. nd jumlaa govt.

    DisAgree [4] Agree [55] Reply Report Abuse

  • Lynel, Kuwait

    Wed, May 26 2021

    Now there is nothing remained to sell (everything has been sold ) and government is bankruft. Now to hide the failures in every field which are published on daily basis, Feku is trying this weapon.. Chaiwala aur kya kar sakta hai...

    DisAgree [3] Agree [47] Reply Report Abuse

  • Anonymous, Mangalore

    Wed, May 26 2021

    The one commenting doesn't know that government os doing all these for our safety, whatsapp is continuously changing its privacy policy which if u go through thoroughly will shock you,this makes it necessary to ban it

    DisAgree [30] Agree [4] Reply Report Abuse

  • Kudla Stories, Kudla

    Wed, May 26 2021

    So Mr. Anonymous, where was this concern when the bjp used the same platform to spread lies to win an election ?? Where was this concern when they used this same platform against the tabligis ?? Selective desh bhakthi !! I am also concerned about so many bhakths going bankrupt without income. Their 2 rupees is gone !!!

    DisAgree [1] Agree [28] Reply Report Abuse


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Title: WhatsApp sues Indian government over new IT laws, says ‘encroaches privacy’



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