SC Rejects PIL To Ban WhatsApp For Failure To Comply With Govt Regulations

Supreme Court Collegium

The Supreme Court on Thursday dismissed a PIL that sought to ban WhatsApp’s operations in India, alleging the app’s violation of legal orders.

The PIL, filed by software engineer Omanakuttan KG, had first been rejected by the Kerala High Court, which deemed the petition “too premature.”

The petitioner’s counsel argued that the High Court’s decision was based on this ground, but the Supreme Court bench, comprising Justices M.M. Sundresh and Aravind Kumar, dismissed the appeal without further hearing.

Omanakuttan had initially moved the Kerala High Court, claiming that WhatsApp did not comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. He argued that the app’s operations allowed manipulation at the user level and that tracing the origin of messages was not feasible, violating legal norms.

The petitioner also accused WhatsApp of refusing to comply with these IT rules, particularly the traceability clause under Rule 4(2), which he said violated the right to privacy, as upheld in the landmark KS Puttuswamy case.

Additionally, the petitioner criticized WhatsApp’s updated Privacy Policy, which he claimed allowed the app to store and access users’ personal data, including device battery status, a violation of privacy rights.

He also pointed to WhatsApp’s inconsistency in adhering to privacy laws, noting that the company followed a different policy in Europe but failed to comply with India’s legal requirements.

Despite these allegations, the Kerala High Court dismissed the PIL on June 28, stating that the petition was premature and that any manipulation of messages should be investigated properly before any action could be taken.

Following this, the petitioner moved the Supreme Court, but the apex court upheld the lower court’s decision, dismissing the plea.