If WhatsApp complies with European rules, why not with IT Rules of India? Petition in Kerala High Court seeks ban on app

A public interest litigation (PIL) petition has been filed before the Kerala High Court seeking directions to the Central government to ban WhatsApp if it does not comply with the orders issued by government authorities (Omanakuttan KG Vs Union of India and ors. ).The petition was filed by Omanakuttan KG, a software engineer from Kerala, after WhatsApp moved the Delhi Court challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(IT rules)..WhatsApp moves Delhi High Court against IT Intermediary Rules 2021 mandating it to trace first originator of information.The petitioner submitted that WhatsApp had claimed before the Delhi High Court that it is not amenable to IT Rules, 2021 because the end-to-end encryption of the app prevents it from tracing origins of messages. The messaging app had also stated that the new rules violate the fundamental rights to privacy and freedom of speech and expression guaranteed under Articles 19 and 21 of the Constitution of India, and Sections 69A and 79 Information Technology Act, 2000. .However, the petitioner claimed that WhatsApp's privacy policy itself says that it will store messages sent by users in certain circumstances and it also has access to their contacts and other information..The petitioner alleged that the app lacks security and that any media file sent through the app can be manipulated easily, even by the common man. The app is also used by anti-national and anti-social elements, he submitted. He argued that the app is used widely across the nation and many a time, fake news and images are forwarded through the app. He specifically mentioned the prevalence of fake news and helpline numbers that were circulated during the flood in Kerala in 2018 which caused confusion and unrest amongst citizens. However, due to WhatsApp's claim of end-to-end encryption policy, the persons responsible for such unscrupulous practices can't be traced, the plea stated..Omanakuttan also highlighted that the reliance placed on messaging services such as WhatsApp for serving court summons and legal notices is also at stake as the authenticity of such messages cannot be guaranteed..Pertinently, he contended that WhatsApp has a separate privacy policy for the European Region and the app complies with the laws in force there. Therefore, if it is amenable to laws in one region, why can't it comply with the laws in our country, specifically the IT Rules, the petitioner demanded. .The main points urged by the petitioner are, Can a corporate entity and its software application, which potentially threatens the security of the nation and its citizens, be allowed to function in this country?Can the app, which has no traceability or security, and which can be misused to the extent of infringing the fundamental rights of citizens, be allowed to function?Can a corporate entity be allowed to stand above or bypass the laws of the country on false claims?.The petition, among other prayers, sought directions to be issued to the Central government to direct WhatsApp to comply with IT Rules, 2021, in the interest of the nation. The Court should direct the Central government to take steps to ban WhatsApp's operations in the country if it doesn't cooperate with lawful authorities and comply with the rules, the petitioner prayed. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.