The high court has granted a stay on a magistrate court’s order for WhatsApp to disclose the ‘first originator’ of a controversial message, following a petition by WhatsApp LLC. The decision, based on WhatsApp’s argument citing end-to-end encryption and intermediary rules, highlights the ongoing clash between user privacy and law enforcement demands.
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KOCHI: The high court intervened on Wednesday, issuing a stay on the directive from a magistrate court that had instructed the representative of WhatsApp India to appear in person and disclose details of the ‘first originator’ of a controversial message. This decision came as a result of a petition filed by WhatsApp LLC, challenging the magistrate court’s directive, and Justice Bechu Kurien Thomas presided over the case.
The additional chief judicial magistrate court in Thiruvananthapuram had initially ordered the appearance of the WhatsApp representative to unveil the identity of the first originator of a derogatory message. This message, circulating in certain WhatsApp groups, allegedly caused outrage to the modesty of a woman and tarnished her image. Consequently, an FIR was registered, citing offenses under Section 354A(1)(iv) of the Indian Penal Code, Section 67 of the Information Technology Act, and Section 120(0) of the Kerala Police Act.
The magistrate court’s directive specifically sought information about the primary source of the derogatory forwarded screenshot message. WhatsApp, in response, cited its end-to-end encryption protocol, stating that it did not possess the requested information and, therefore, couldn’t produce it.
WhatsApp LLC, in contesting the magistrate court’s directive, argued that Rule 4(2) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules mandates significant social media intermediaries to provide information only in cases related to offenses affecting the country’s sovereignty and integrity, its security, friendly relations with foreign states, or public order. The rule also includes cases of incitement to an offense related to the mentioned categories or offenses like rape, sexually explicit material, or child sexual abuse material, punishable with imprisonment of not less than five years.
According to the legal team representing WhatsApp LLC, the maximum punishment for the offenses mentioned in the FIR is three years. Therefore, none of the alleged offenses falls within the category specified in the proviso to Rule 4(2) of the Intermediary Rules. The bench concurred with this argument, leading to the issuance of an interim order staying further proceedings until the disposal of the petition.
This legal battle underscores the clash between user privacy and law enforcement demands, particularly in the context of encrypted messaging platforms. As the case awaits further developments and counter-affidavits from the state and Union governments, it raises important questions about the scope and limitations of intermediary regulations, highlighting the need for a nuanced approach that balances privacy concerns with law enforcement imperatives.
In a statement following the court’s decision, a representative from WhatsApp LLC emphasized-
“Due to end-to-end encryption, WhatsApp did not possess and, therefore, couldn’t produce the requested information,” reiterating the company’s commitment to user privacy.
The High Court’s decision to stay the magistrate’s order until the final disposal of the petition, pending further submissions from the state and Union governments, marks a pivotal moment in the ongoing discourse on digital privacy, legal obligations of tech companies, and the limits of law enforcement in accessing digital communications.
Scheduled for a subsequent hearing on 2nd April.
