WhatsApp has filed a legal complaint in Delhi against the Indian government seeking to block regulations coming into force on Wednesday that experts say would compel the California-based Facebook unit to break privacy protections, sources said.The lawsuit, described to Reuters by people familiar with it, asks the Delhi High Court to declare that one of the new rules is a violation of privacy rights in India’s constitution since it requires social media companies to identify the “first originator of information” when authorities demand it.While the law requires WhatsApp to unmask only people credibly accused of wrongdoing, the company says it cannot do that alone in practice. Because messages are end-to-end encrypted, to comply with the law WhatsApp says it would have break encryption for receivers, as well as “originators”, of messages.Reuters could not independently confirm the complaint had been filed in court by WhatsApp, which has nearly 400 million users in India, nor when it might be reviewed by the court. The people with knowledge of the matter declined to be identified because of the sensitivity of the issue.A WhatsApp spokesman declined to comment.The lawsuit escalates a growing struggle between Indian Prime Minister Narendra Modi’s government and tech giants including Facebook, Google parent Alphabet and Twitter in one of their key global growth markets.Tensions grew after a police visit to Twitter’s offices earlier this week. The micro-blogging service had labelled posts by a spokesman for the dominant party and others as containing “manipulated media”, saying forged content was included.The government has also pressed the tech companies to remove not only what it has described as misinformation on the COVID-19 pandemic ravaging India, but also some criticism of the government’s response to the crisis, which is claiming thousands of lives daily.The response of the companies to the new rules has been a subject of intense speculation since they were unveiled in February, 90 days before they were slated to go into effect. The Intermediary Guidelines and Digital Media Ethics Code, promulgated by the ministry of information technology, designates “significant social media intermediaries” as standing to lose protection from lawsuits and criminal prosecution if they fail to adhere to the code.WhatsApp, its parent Facebook and tech rivals have all invested heavily in India. But company officials worry privately that increasingly heavy-handed regulation by the Modi government could jeopardize those prospects.
