The government has filed an affidavit in the Delhi High Court, saying that WhatsApp, being a foreign company, cannot avail of fundamental rights under Articles 19 and 21 of the Constitution, invoke the jurisdiction of the court or challenge the constitutionality of an Indian law.
The Facebook-owned messaging giant had filed a lawsuit in the high court against the Indian government in May, seeking to block the traceability clause of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that requires social media platforms with more than 5 million users to locate the first originator of the information”, if required by the local authorities.
The affidavit, filed by the Ministry of Electronics and Information Technology (Meity) on Thursday and reviewed by Business Standard, said the constitutionality of a provision of law cannot be challenged by a foreign commercial entity on the ground of it being violative of Article 19. WhatsApp does not have a place of business in India, it said.
WhatsApp declined to comment as the matter is sub judice. A hearing in the matter was scheduled for Friday but it did not happen as the bench did not assemble.
This story is from the October 23, 2021 edition of Business Standard.
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This story is from the October 23, 2021 edition of Business Standard.
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