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Supreme Court Dumps PIL On Security Concerns Through Whatsapp And Telegram
Supreme Court Dumps PIL On Security Concerns Through Whatsapp And Telegram
In 2021, the complainant KG Omanakuttan had approached the Kerala High Court with a similar plea
The Supreme Court has junked a public interest litigation (PIL) raising concerns about privacy, integrity and communication security through messaging services WhatsApp and Telegram.
A bench of Justice MM Sundresh and Justice Aravind Kumar dismissed the PIL filed by KG Omanakuttan, who claims to be a seasoned software engineer.
The plea highlighted a ‘vulnerability’ in the Android apps WhatsApp and Telegram, which allow unauthorized replacement of media files. It added that privacy, integrity, and security of communications could be breached, and a person could locally replace an image file in chat with another image on an Android device.
The PIL said that it violated several fundamental rights, including the right to privacy, the right to freedom of expression, the right to reputation and dignity, and the right to fair investigation and trial.
The petitioner sought direction to WhatsApp and Telegram to adopt comprehensive and effective measures to prevent unauthorized manipulation.
In 2021, the Kerala High Court had dismissed a plea filed by the same petitioner against the technical vulnerability, which enables a person to replace images and other media files within a WhatsApp chat.
The plea had also sought a direction to WhatsApp to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 in the nation’s interest.
The Mark Zuckerberg-owned platform had moved the Delhi High Court, challenging the IT rules.
WhatsApp claimed that the rules forced it to 'track' the origin of messages received through the network and jeopardized users’ privacy.
It added that the rules made it mandatory for social media intermediaries like Twitter (now X), Facebook, Instagram, and WhatsApp to trace chats and make provisions to identify the first originator of the information.