Why WhatsApp's Arguments Against GoI's Rules On Message Traceability Are Not Convincing
The Times of India Delhi|June 19, 2021
Let’s recall what exactly GoI is asking for: The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 came into force on May 26.
Jiten Jain
Why WhatsApp's Arguments Against GoI's Rules On Message Traceability Are Not Convincing

One of its provisions requires identification of the first originator of any information if it is required by a judicial order or by an order of a competent authority under Section 69 of the Information Technology Act, 2000.

WhatsApp has approached the Delhi high court, challenging this rule on three grounds – i) it violates the fundamental right to privacy and freedom of speech and expression guaranteed under Article 19 of the Constitution; ii) it is ultra vires the Information Technology Act, 2000; and iii) it violates Article 14 of the Constitution.

Interestingly, though WhatsApp has invoked Article 19 (1) that provides for the right to freedom of speech and expression as a fundamental right, it has conveniently ignored Article 19 (2) that provides for reasonable restrictions on fundamental rights on certain specified grounds.

This story is from the June 19, 2021 edition of The Times of India Delhi.

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This story is from the June 19, 2021 edition of The Times of India Delhi.

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