The Supreme Court is scheduled to hear pleas from Meta Platforms and WhatsApp on Monday, challenging a penalty of Rs 213.14 crore imposed by the Competition Commission of India (CCI) over their privacy policy. Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, is expected to preside over the case. Previously, on February 3, the court criticized the companies, emphasizing that they cannot compromise citizens’ right to privacy under the guise of data sharing.
The bench raised concerns about the companies potentially establishing a monopoly and misusing users’ private information. Specifically addressing WhatsApp’s privacy policy, the court highlighted the vulnerability of “silent customers” who lack organization, rely heavily on digital platforms, and may not fully comprehend the implications of data-sharing regulations. The judges asserted their commitment to safeguarding citizens’ rights from any infringements.
The legal dispute stems from a CCI directive that penalized the companies for alleged violations related to WhatsApp’s privacy policy. On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) overturned a portion of the CCI order that prohibited WhatsApp from sharing user data with Meta for advertising purposes for five years. However, the tribunal upheld the financial penalty. Subsequently, the NCLAT clarified that its decision on privacy and consent protections would extend to the collection and sharing of user data for various purposes beyond WhatsApp, encompassing both advertising and non-advertising activities.
Earlier, the Supreme Court had announced its intention to issue an interim order on February 9 and instructed the Ministry of Electronics and Information Technology to be included as a party in the appeals filed by Meta Platforms and WhatsApp. Additionally, the court is reviewing a counter-appeal filed by the CCI, challenging the NCLAT’s ruling that permitted WhatsApp and Meta to continue sharing user data for advertising objectives.
