The Supreme Court has rejected a public interest litigation (PIL) that called for a ban on WhatsApp, alleging the messaging platform was “anti-national” for spreading fake news and failing to comply with the Information Technology (IT) Rules of 2021. The PIL was dismissed by a bench comprising Justices MM Sundresh and Aravind Kumar.
The petition, filed by Omanakuttan KG, previously brought before the Kerala High Court, argued that the Central government should enforce action against WhatsApp if it continued to defy the IT regulations. This legal action followed an ongoing challenge by WhatsApp in the Delhi High Court concerning the IT Rules, particularly the rules aimed at increasing online platforms’ accountability.
In 2021, the Kerala High Court had deemed the initial petition premature, noting that WhatsApp was yet to be mandated to fully adhere to the new rules, leading Omanakuttan to escalate the matter to the Supreme Court. In the Supreme Court, the petitioner reiterated his concerns, claiming WhatsApp’s stance on end-to-end encryption and non-tracing of message origins allowed for misuse. According to the petitioner, this exemption claimed by WhatsApp made it a conduit for misinformation and anti-social activities.
The petitioner also criticized WhatsApp’s privacy policy, which states that while it offers end-to-end encryption, the platform does retain certain messages under specific conditions and accesses users’ contact lists and other personal data. Additionally, the petition highlighted risks associated with the use of WhatsApp for legal communications, such as serving court notices and summons, arguing that the platform could not guarantee the authenticity of messages, thereby undermining judicial processes.
