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Supreme Court Orders WhatsApp to Submit Digital Arrest Scam Measures

India's top court directs WhatsApp and other intermediaries to propose measures against digital arrest scams and related cybercrimes.

Sources: Deccan Chronicle, Greater Kashmir, Siasat Daily3 sources ↓|· 1 min read
Supreme Court Orders WhatsApp to Submit Digital Arrest Scam Measures
Photo: Deccan Chronicle

KEY POINTS

  • Supreme Court directs WhatsApp and intermediaries to propose anti-scam measures
  • Matter listed for further consideration on November 23
  • WhatsApp acted against 9,400 accounts and is developing suspicious account detection software
  • Court orders financial institutions to compensate victims where due diligence failure is proven
  • Proposals must be submitted simultaneously to the Indian Cybercrime Coordination Centre

The Supreme Court of India has directed WhatsApp and other intermediaries to submit proposed measures to prevent digital arrest scams and related cybercrimes. The order stems from a hearing held on October 29 in a suo motu case titled 'In Re: Victims of Digital Arrest Related to Forged Documents'. Chief Justice of India Surya Kant heads the bench, which also includes Justices Joymalya Bagchi and V Mohana.

The court has listed the matter for further consideration on November 23. WhatsApp and other intermediaries must simultaneously submit their proposals to the Indian Cybercrime Coordination Centre (I4C).

“WhatsApp LLC (A Meta company) and other concerned intermediaries are also directed to apprise this Court of the measures they propose to undertake to prevent the digital arrest scams and related cybercrimes.”

— Supreme Court bench headed by Chief Justice of India Surya Kant

Senior advocate Kapil Sibal, representing WhatsApp, informed the bench that the platform has taken preventive measures, including action against 9,400 accounts. WhatsApp will file an affidavit detailing the steps undertaken and is developing software to identify suspicious accounts and warn users.

The bench reiterated that financial institutions must be held accountable for digital arrest scams and other cyber frauds. Banks should compensate victims for losses when an investigation establishes that fraud occurred due to the institution's failure to exercise due diligence.

The court emphasized that Reserve Bank of India regulatory measures must mandate provisions requiring financial institutions to indemnify victims. Compensation must not be less than the amount lost by the customer where institutional failure is established in preventing or reporting the incident.

The order directs WhatsApp LLC, a Meta company, and other concerned intermediaries to apprise the court of their proposed measures. All proposals must be submitted simultaneously to the I4C alongside the court filing.

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