Supreme Court Rules WhatsApp Access Not a Fundamental Right, Suggests Alternative Apps

The Supreme Court bench has noted that petitioners may pursue a civil suit regarding their blocked WhatsApp accounts.

New Delhi:

The Supreme Court recently remarked that using WhatsApp is not a fundamental right while dismissing a writ petition that sought restoration of access to blocked accounts on the messaging platform.

"What is your fundamental right to have access to WhatsApp?" questioned the court, asking why petitioners had directly approached the Supreme Court with a petition under Article 32 of the Constitution.

A bench consisting of Justices Vikram Nath and Sandeep Mehta heard from the petitioners' counsel that their WhatsApp accounts, which they utilized for customer communications, had been blocked.

Senior counsel Mahalaxmi Pavani explained that the petitioner, who works at a clinic and polydiagnostic center, had been using WhatsApp for 10-12 years to communicate with clients before their access was suddenly terminated.

"There are other communication applications; you can use them. Recently, there's this indigenous app called 'Arattai', use that. (It is) made in India," Justice Mehta suggested.

Arattai is an instant messaging application developed by Chennai-based Zoho Corporation.

When Justice Nath inquired about the reason for the WhatsApp account block, Pavani responded that no explanation had been provided to the petitioners.

The petition also requested pan-India guidelines "for governing social media intermediaries with respect to suspension and blocking of accounts, ensuring due process, transparency and proportionality".

The counsel questioned how WhatsApp could block their account without providing any opportunity to respond.

"Without giving me any opportunity, they have just blocked it. Everything has come to a standstill," Pavani stated.

"Is WhatsApp or the intermediary a state?" the bench inquired.

When counsel acknowledged it was not, the bench observed that even a writ petition might not be maintainable before the high court.

The court permitted the petitioners to withdraw their plea and advised them they were free to pursue other legal remedies before an appropriate forum, suggesting they might file a civil suit.

Despite the lawyer pressing the court to direct WhatsApp to restore access to the petitioners' accounts, the Supreme Court declined to issue any such order.