WhatsApp issue goes to larger bench

The petition submitted that privacy of citizens has been infringed by WhatsApp and Facebook.

Update: 2017-04-05 19:15 GMT
The amendments to widen the scope of the Indecent Representation of Women (Prohibition) Act 1986 are based on the observations made by a parliamentary standing committee and recommendations from the National Commission for Women. (Photo: AFP)

New Delhi: A five-judge Constitution bench of the Supreme Court will take a call on whether sharing of WhatsApp and Facebook messages and photos violated right to privacy.

The larger bench will decide whether the government should frame a policy to protect privacy of contents and regulate commercial exploitation of private communication through social networking sites like WhatsApp and Facebook.

A bench comprising Chief Justice J.S. Khehar and Justice D.Y. Chandrachud told senior counsel  Kapil Sibal and K.K. Venugopal that the Constitution Bench will sit on April 18 to fix the date of hearing of the matter, preferably during summer vacation, though counsel expressed reservations for arguing the matter in vacation.

The petition submitted that privacy of citizens has been infringed by WhatsApp and Facebook, which amounted to infringement of Articles 19 (Freedom of Speech and Expression) and 21 (Right to Life) of the Constitution.

It  said the networking sites compromised the privacy of interpersonal communication of over 150 million people in the country and there should be some regulation.

This is an appeal against the Delhi HC order which said that WhatsApp will not share users’ data collected under its old privacy policy up to September 25, 2016, with Facebook or any other company.

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