Messaging apps may lose biggest USP

Messaging apps WhatsApp, Telegram and Signal may have to dilute their biggest privacy proposition for millions of users in India — end-to-end encryption. The government has mandated that they need to trace the originator of flagged messages that contribute to crimes of a severe nature, such as those related to the country’s security and sovereignty, and rape. Critics said the new rules will undermine privacy and freedom of expression.

Platforms such as Telegram and Signal, which have gained users in India recently, are also expected to come under pressure to comply with the new rules. WhatsApp and Signal have end-to-end encryption for all messages while Telegram offers it on certain features.

The government isn’t insisting on scrapping encryption on these messaging platforms, information technology minister Ravi Shankar Prasad said.


"When we’re talking about the first originator, we’re not asking them to disclose the content. Simple question — who began this mischief? It will be only in relation to issues where the punishment is for more than five years, such as security, sovereignty of India, rape etc." He added that proper "safeguards" have been put in place to avoid misuse of the law.

Under the rules, no intermediary will be required to disclose the contents of a message or information related to the originator and other users. If the message started overseas, the first person to have shared the content in India will be considered the "first originator". The rules also stipulate that no order will be passed in cases where other less intrusive means are effective in identifying the originator of the information. WhatsApp, Signal and Telegram didn’t respond to queries.

Enabling traceability will have an impact on privacy, said Internet Freedom Foundation (IFF) executive director Apar Gupta.

"This opens it up to cyber security threats and undermines privacy," he said. "I expect a high level of public controversy from people who value their high levels of privacy. Many new requirements in the new rules undermine their privacy and free expression

Experts said the rules are possibly the strictest among democratic countries. Messaging apps will have to tweak their tech infrastructure and operating models to enable traceability and accommodate India's mandate of voluntary verification. Such a mandate is the first anywhere in the world, they said.

Some welcomed the new rules. "The rules are probably one of the strictest rules in the world. They seem to have been inspired by the German Network Enforcement Act. They separate social media companies from other intermediaries, and that's a good development," said Nikhil Narendran, partner, Trilegal"The rules make it clear that tracing originators should not decipher messages. Identifying the originator may need some KYC (know your customer) by social media companies."

While the rules are well intended, certain aspects may actually undermine national security, said Kazim Rizvi, founder of tech policy think tank The Dialogue.

"Tracing the originator of content would not be possible without breaking end-to-end encryption, and we believe that this mandate must be reconsidered," he said. "Breaking end-to-end encryption might impact the privacy, safety and security of citizens and the national security of the state."

Earlier, the government had asked WhatsApp to digitally fingerprint every message sent on its platform without breaking encryption. It also wanted the company to identify where a message originated and how many people had read and forwarded it without reading the text.

WhatsApp has opposed the demand for traceability and insisted that it will not compromise on end-to-end encryption, citing user privacy. WhatsApp has more than 400 million users in India, making the country its largest market.

The government has, however, argued that lack of control over fake news and misinformation through platforms such as WhatsApp were leading to people dying as mobs inflamed by such messages were lynching people in the country. Misinformation has also given rise to challenges amid the Covid-19 pandemic and the farmers’ agitation among others.