WhatsApp has filed a writ petition under Article 226 of the Indian Constitution before the Hon’ble High Court of Tripura, challenging the constitutionality of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”). The petition also contested an order by the Judicial Magistrate First Class, which directed WhatsApp to disclose the originator of a chat containing a fake resignation letter of the Chief Minister of Tripura, as per Rule 4(2) of the Intermediary Guidelines.
WhatsApp argued that the Intermediary Guidelines mandate compliance with judicial orders only on specific grounds, such as preventing and investigating offenses related to national security and public order. They contended that the Magistrate’s order did not establish grounds of public order or imminent threat as required.
The Union of India has argued that WhatsApp, as an intermediary, lacked the legal standing to challenge the disclosure of the message’s originator. On September 27, 2023, the High Court granted interim relief to WhatsApp, staying the Magistrate’s order, noting that the issue of ‘threat to public order’ had not been adequately addressed.
The case has now been transferred to the DHC along with other cases relating to the IT Act 2021.