The Supreme Court on Thursday dismissed a Public Interest Litigation (PIL) that sought a ban on the use of WhatsApp in India. The petition, filed by Kerala-based software engineer Omanakuttan KG, called for action against the messaging giant for allegedly failing to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. A bench of Justices MM Sundresh and Aravind Kumar rejected the plea, stating it was not inclined to consider the petitioner’s request.
The PIL argued that WhatsApp’s technology and policies posed a threat to national interest and security by allegedly infringing on the fundamental rights of Indian citizens, specifically the right to privacy under Article 21 of the Constitution. The petitioner claimed that WhatsApp’s refusal to align with the government’s guidelines could justify a ban, citing the precedent of other mobile apps and websites being prohibited for security reasons.
The petitioner highlighted that if the messaging platform did not comply with Indian laws, it should be banned. However, the court found the arguments insufficient to warrant such action and dismissed the PIL, maintaining WhatsApp’s continued operation in India.