Delhi HC issues notice to Centre on IT Rules over Whatsapp's traceability plea

The Delhi High Court has sought the government’s response on a petition filed by social media network Facebook and instant messaging platform WhatsApp challenging the new IT Intermediary Guidelines.

The new Rules, which came into effect on May 26, mandate that significant social media intermediaries (SSMIs) including messaging apps such as WhatsApp will have to trace the originator of a message flagged by law enforcement agencies.

The Facebook-owned company has challenged the Rules, arguing that it would compromise user privacy and break end-to-end encryption.


A bench of Chief Justice D N Patel and Justice Jyoti Singh issued a notice to the Ministry of Electronics and Information Technology (MeitY) to file reply on the petition as well as an application for a stay on the implementation of the Rules.

The matter has been listed for hearing next on October 22.

WhatsApp has urged the high court to declare Rule 4(2) of the Intermediary Rules as unconstitutional, ultra vires to the IT Act and illegal. It has sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires enabling the identification of the first originator of information.

WhatsApp said the traceability provision is unconstitutional and against the fundamental right to privacy.

As per data cited by the government, India has 530 million WhatsApp users, 448 million YouTube users, 410 million Facebook subscribers, 210 million Instagram users, and 17.5 million account holders on microblogging platform Twitter.

The government has maintained that the traceability requirement will be used only in cases of serious crimes and when all other legal means have been exhausted.

The new IT Rules are meant to make social media platforms like Facebook, WhatsApp and Twitter, more accountable to their users in India, it has said.