Centre opposes WhatsApp’s plea in Delhi HC challenging new IT rules

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New Delhi: The central government has opposed WhatsApp’s plea challenging new IT rules and has urged the Delhi High Court to dismiss it.

The Centre has told the court that WhatsApp is a foreign commercial entity – doesn’t have a place of business in India and is engaged in business of propagating info created by its users.

The Government was responding to WhatsApp’s petition challenging the 2021 IT Rules’ requirement of enabling traceability of online messages. It said the petition is not maintainable as the company is a foreign entity and cannot claim rights under Article 21, including the right to privacy.

In February this year, the government introduced new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, making it mandatory for social media intermediaries like Twitter, Facebook, Instagram and WhatsApp to trace chats and make provisions to identify the first originator of information.

WhatsApp moved High Court, challenging the new IT rules. It said the new rules violate the right to privacy and are unconstitutional.

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