The Supreme Court of India has dismissed a Public Interest Litigation (PIL) that called for a ban on WhatsApp, citing concerns over the app’s compliance with privacy, security, and integrity standards. The petition, filed on November 14, 2024, by Kerala resident Omanakuttan KG, alleged that WhatsApp failed to adhere to the newly enacted Information Technology Rules (IT Rules).
A bench comprising Justices M M Sundresh and Aravind Kumar stated that it was not inclined to entertain the petition, which sought a government directive to shut down WhatsApp’s operations in India. Omanakuttan argued that a security vulnerability in the Android version of the app, which allegedly allowed unauthorized replacement of media files, posed a significant threat to user privacy and national security. He claimed the flaw could be exploited even by individuals with limited technical expertise, potentially compromising the integrity and confidentiality of communications.
Previous Attempts to Address the Issue
This is not the first time Omanakuttan has raised concerns over WhatsApp’s security practices. In 2021, he had approached the Kerala High Court with a similar petition, urging the central government to ban the app if it failed to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Kerala High Court dismissed that plea, calling it “premature.”
The 2021 IT Rules require social media intermediaries like WhatsApp, Facebook, and Twitter (now X) to trace the origin of messages, a provision that has sparked significant legal debate. WhatsApp, along with other platforms, has challenged the rules in the Delhi High Court.
In its recent ruling, the Supreme Court declined to intervene, leaving the issue unresolved at the highest judicial level for now.
