Supreme Court Dismisses PIL Demanding Ban on WhatsApp for Alleged Non-Compliance with IT Rules

Keywords; Supreme Court, PIL, WhatsApp, IT Rules 2021, Article 21, national security, data privacy, digital media guidelines

On Thursday, the Supreme Court rejected a Public Interest Litigation (PIL) demanding a ban on the popular messaging platform WhatsApp for alleged non-compliance with India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The bench, comprising Justices M M Sundresh and Aravind Kumar, declined to entertain the plea filed by Kerala-based software engineer Omanakuttan KG, who argued that WhatsApp’s refusal to comply with these guidelines infringes upon the fundamental rights of citizens under Article 21 and poses potential threats to national security.

The petitioner asserted that WhatsApp’s data policies violated privacy rights and undermined national interests. He argued that if the platform refused to adjust its technology to align with Indian regulations, it should be prohibited from operating within the country. Omanakuttan highlighted instances where the government has banned certain apps and websites due to concerns over national security and data misuse.

The 2021 IT Rules mandate enhanced accountability and transparency for social media intermediaries, with requirements for compliance officers, grievance redressal mechanisms, and user traceability in cases involving severe offenses. However, these provisions have faced pushback from technology companies and privacy advocates who argue that traceability demands conflict with end-to-end encryption practices that safeguard user privacy.

The bench’s refusal to pursue the PIL underscores the complexities surrounding digital privacy, national security, and regulatory compliance, as well as the judicial hesitation to intervene in technological policy matters without concrete evidence of harm. This decision highlights ongoing tensions between data privacy advocates and regulatory authorities as the government works to balance citizens’ rights with broader security and compliance goals.

Stay tuned for live updates on the rupee’s movement and real-time business news on Kanishk Social Media—your go-to source for comprehensive stock market and legal news.