SC says no fundamental right to access WhatsApp

on Friday ruled that there is no fundamental right to access a WhatsApp account, making it clear that the popular messaging platform cannot be held liable for violating constitutional rights as it is nota State actor.

- Utkarsh Anand

A bench of justices Vikram Nath and Sandeep Mehta dismissed a petition filed by two medical practitioners seeking restoration of their blocked account, observing that a writ petition invoking the court’s extraordinary jurisdiction under Article 32 can be entertained only against the State or its instrumentalities, not against private companies.

“What is your fundamental right to access WhatsApp? Is WhatsApp a State?” the bench asked senior advocate Mahal-akshmi Pavani, who appeared for petitioners Dr Raman Kundra and SN Kundra.

When Pavani urged the court to direct WhatsApp to restore access to her clients’ account, the bench declined to intervene, remarking that the petition was not maintainable. The judges noted the petitioners were free to explore other remedies before appropriate forums, such as filing a civil suit or approaching the high court.