SC dismisses PIL seeking ban on WhatsApp for not complying with IT Rules

The Supreme Court on Thursday dismissed a PIL seeking directions to the Centre to ban the operation and use of WhatsApp if it failed to comply with orders of the Indian authorities under the Information Technology Rules (IT Rules).

A Bench, led by Justice MM Sundresh, said it was not inclined to entertain the petition, which alleged that WhatsApp was violating the fundamental right to privacy of citizens guaranteed under Article 21 of the Constitution and posed a potential threat to national security.

Petitioner Omanakuttan KG, a software engineer from Kerala, contended that the messaging platform had refused to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

“If the app was not willing to change its technology and did not cooperate with the government, it should not be allowed to operate in the country. The Centre had banned many websites and mobile apps for acting against the interest of the country,” the petitioner said.

Omanakuttan had earlier moved the Kerala High Court, which in June 2021 had dismissed his PIL terming it ‘premature’.

There was a wide scope of manipulation at the user end and that it was not viable to trace the origin of a message being circulated on the application, he alleged.

The updated privacy policy openly mentions that the application will store, access and use the personal data of its users, including the battery remaining on their devices, which are a grave violation of the right to privacy, he submitted.

The petitioner alleged that WhatsApp had implemented a separate privacy policy in Europe in compliance with European Union laws while it refused to do so in India.