The Supreme Court is set to hear on Monday the petitions filed by Meta Platforms and WhatsApp challenging a ₹213.14 crore penalty imposed by the Competition Commission of India over WhatsApp’s privacy policy.
The case places the spotlight once again on data sharing practices, privacy rights, and regulatory oversight in India’s digital ecosystem.
Bench Led by CJI Surya Kant to Take Up the Matter
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, is expected to hear the matter.Earlier, on February 3, the court made strong observations against the companies, stating that they cannot play with citizens’ right to privacy in the name of data sharing. The bench also remarked that the platforms appeared to be creating a monopoly and misusing private user information.
Court Flags Concerns Over “Silent Customers” and Data Sharing
During previous hearings, the Supreme Court expressed concern about what it described as “silent customers” who are digitally dependent, unorganized, and often unaware of the implications of data sharing rules.The judges emphasized that the court would not permit harm to citizens’ rights, particularly in matters involving personal data and consent safeguards.
The dispute stems from a CCI order that imposed a ₹213.14 crore penalty on the companies over alleged violations linked to WhatsApp’s privacy policy framework.
NCLAT Partially Sets Aside CCI Order, Upholds Monetary Penalty
On November 4, 2025, the National Company Law Appellate Tribunal set aside a portion of the CCI order that had barred WhatsApp from sharing user data with Meta for advertising purposes for five years. However, the tribunal upheld the monetary penalty of ₹213.14 crore.Subsequently, the NCLAT clarified that its ruling on privacy and consent safeguards would extend to the collection and sharing of user data for non WhatsApp purposes, covering both advertising and non advertising activities.
Supreme Court to Consider Cross Appeal by CCI
The Supreme Court had earlier indicated that it would pass an interim order on February 9 and directed that the Ministry of Electronics and Information Technology be made a party to the appeals filed by Meta and WhatsApp.In addition to the companies’ challenge, the court is also examining a cross appeal filed by the CCI. The regulator has contested the NCLAT decision to the extent that it allowed WhatsApp and Meta to continue sharing user data for advertising purposes.
As the hearing proceeds, the case is expected to shape the legal boundaries around data sharing, privacy protections, and competition law enforcement in India’s fast evolving digital landscape.
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