J U D G M E N T

Ms. G. ROHINI, CHIEF JUSTICE

1. The petitioners claim to be the users of “WhatsApp”, an Internet Messaging Application, provided by the respondent No.2/"WhatsApp Inc.", a company based in USA.

2. The present writ petition by way of Public Interest Litigation has been filed with the following prayer:

"(a) Issue a writ of prohibition or any other writ or direction in the nature thereof prohibiting respondents No. 2 to 4 from sharing, in any manner whatsoever, details and data of every kind of the subscribers / users of WhatsApp with any entity including Facebook or its family of companies;

(b) Issue a writ of mandamus or any other writ or direction in the nature thereof directing the respondent 1 and 5 or any other appropriate authority to discharge their executive, statutory and all other obligations in relation to protection and safety of privacy of details / data of every kind of the subscribers / users of WhatsApp all over the territory of India by taking all necessary steps / actions in discharge of their executive as well as statutory functions including by framing rules / regulations / guidelines for the protection of rights of citizens including the safeguarding and securing the privacy of citizens by ensuring that mobile application providers such as "WhatsApp" and other internet based messaging services do not compromise, share and/or exploit the information and data including messages, audio, video and other information of users in any manner whatsoever.

(c) Issue a writ in the nature of mandamus or any other writ or direction in the nature thereof, directing the Respondents No.1 and 5, to take all actions including steps towards making Rules under Section 87 of the Information Technology Act, 2000 so as to regulate the functioning of Respondents No.2 to 4 and other similarly placed internet based messaging services including their Privacy Policy for handling of or dealing in personal information including private messages / photos / conversations / audio messages / videos / documents & data so as to ensure that the privacy rights of the users are not compromised and are duly protected;

(d) Issue a writ in the nature of mandamus or any other writ or direction in the nature thereof, directing Respondents No.2 to 4 to obtain / secure the consent of only those Users who are willing to specifically write to WhatsApp [upon clearly understanding / comprehending the import and extent of the sharing of data / details of the Users proposed in the new Policy of WhatsApp] and the complete / absolute privacy and not sharing details / data in any manner whatsoever - must remain continued for all other Users of WhatsApp;

(e) Issue a writ in the nature of mandamus or any other writ or direction in the nature thereof, directing the Respondents No.1 and 5, and any other authority, to formulate appropriate Guidelines so as to regulate the functioning of Respondents No.2 to 4 and other similarly placed internet based messaging services including their Privacy Policy for handling of or dealing in personal information including private messages / photos / conversations / audio messages / videos / documents & data so as to ensure that the privacy rights of the users are not compromised and duly protected;

(f) Issue a writ in the nature of mandamus or any other writ or direction in the nature thereof, directing the Respondents No.1 and 5, and any other authority, to formulate appropriate Rules / Guidelines so that it is made mandatory for Respondents No.2 to 4 and other similarly placed internet based messaging services to duly inform its users about the actual and true import of their Privacy Policy in respect of the information provided / shared by the users and further to safeguard the rights of minors;

(g) Issue a writ of prohibition or any other writ or direction in the nature thereof prohibiting and restraining Respondents no.2 to 4 from discontinuing availability of WhatsApp's service to all those users who do not respond to t