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The Ministry of Information & Technology today responded to the WhatsApp's lawsuit challenging new digital rules on grounds of violation of user privacy and  released a press note  that stated,

“The Government Respects the Right of Privacy and Has No Intention to Violate it When WhatsApp is Required to Disclose the Origin of a Particular Message. Such Requirements are only in case when the message is required for Prevention, Investigation or Punishment of Very Serious Offences related to the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order, or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material. Right to Privacy is a Fundamental Right.”

On this issue, Union Minister Shri Ravi Shankar Prasad has stated that “the Government of India is committed to ensure the Right of Privacy to all its citizens but at the same time it is also the responsibility of the government to maintain law and order and ensure national security.”

He further asserted that, “none of the measures proposed by India will impact the normal functioning of WhatsApp in any manner whatsoever and for the common users, there will be no impact”

The present Press Note is released by the Centre in response the suit filed by the WhatsApp in Delhi High Court challenging feature of tracing the “First Originator” on grounds of Right to Privacy recognised by the Supreme Court in KS Puttaswamy v. Union of India, (2017) 10 SCC 1, in addition to it being Ultra Vires to Section 69A and 79 of the IT Act, 2000.

The new Intermediary Guidelines and Digital Media Ethics Code Rules, 2021 was notified by Ministry of Electronics and Information Technology on February 25, 2021 with 3 months provided to all social media intermediaries for compliance (Rule 4).

It is to be noted that as per all established judicial dictum, no Fundamental Right, including the Right to Privacy, is absolute and it is subject to reasonable restrictions. The requirements in the Intermediary Guidelines pertaining to the first originator of information are an example of such a reasonable restriction, stated the Minister. Further, the originator of information can only be traced "as a last resort" in a scenario where other remedies have proven to be ineffective, and there are sufficient legal safeguards.

“It is in public interest that who started the mischief leading to such crime must be detected and punished. We cannot deny as to how in cases of mob lynching and riots etc. repeated WhatsApp messages are circulated and recirculated whose content are already in public domain. Hence the role of who originated is very important.”- noted the Minister

The government stated that the Rules are as per law of land and Rule 4(2) of the Intermediary Guidelines is not a measure in isolation. The rules have been framed after consultation with various stakeholders and social media intermediaries, including but not limited to WhatsApp.

“WhatsApp’s challenge, at the very last moment, and despite having sufficient time and opportunity available during consultation process and after the rules were enacted, to the Intermediary Guidelines is an unfortunate attempt to prevent the same from coming into effect.”, observed the government

Minister Ravi Shankar Prasad said that, “the entire debate on whether encryption would be maintained or not is misplaced. Whether Right to Privacy is ensured through using encryption technology or some other technology is entirely the purview of the social media intermediary. The Government of India is committed to ensuring Right of Privacy to all its citizens as well as have the means and the information necessary to ensure public order and maintain national security. It is WhatsApp’s responsibility to find a technical solution, whether through encryption or otherwise, that both happen.”

The Centre cited example of many international precedence in its press note and stated that, “what India is asking for is significantly much less than what some of the other countries have demanded. Therefore, WhatsApp’s attempt to portray the Intermediary Guidelines of India as contrary to the right to privacy is misguided.”

“It would be foolhardy to doubt the objective behind Rule 4(2) of the Intermediary Guidelines, which aims to protect law and order.” stated the Minister and noted that this has been developed as a last resort measure, only in scenarios where other remedies have proven to be ineffective.