SC defers Meta-WhatsApp privacy policy case hearing to February 23

The Supreme Court on Monday deferred to February 23 pleas of Meta Platforms Inc and WhatsApp against a Competition Commission of India (CCI) order imposing a penalty of ₹213.14 crore over privacy policy.

A bench comprising Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and N V Anjaria was told that senior advocate Kapil Sibal was unwell and hence the hearing should be adjourned.

The bench said it would take up the pleas for passing an interim order on February 23.

It permitted a litigant represented by senior advocate Arvind Datar to be made a party to the case.

 

On February 3, the bench made strong observations against Meta Platforms Inc and WhatsApp, saying they could not "play with the right to privacy of citizens in the name of data sharing" and alleged that they were creating a monopoly in the market and committing theft of private information of customers.

Decrying WhatsApp's privacy policy, the bench referred to "silent customers" who were unorganised, digitally dependent and unaware of the implications of data-sharing policies, and asserted, "We will not allow the rights of any citizen of this country to be damaged."  WhatsApp is owned by Meta Platforms Inc.

The top court was hearing the appeals of the two tech giants against a CCI order that imposed a penalty of ₹213.14 crore on them over the privacy policy.

On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) set aside a section of a CCI order that had banned WhatsApp from sharing data with Meta Platforms Inc for advertising purposes for five years, but retained the ₹213-crore penalty.

Later, the NCLAT clarified that its order in the WhatsApp matter on privacy and consent safeguards also applies to user data collection and sharing for non-WhatsApp purposes, including non-advertising and advertising.

The top court said that it would pass an interim order on February 9 and ordered that the Ministry of Electronics and Information Technology also be made a party to the appeals of the two companies.

The bench is also seized of a cross-appeal by the CCI, which assailed the NCLAT ruling to the extent that it allowed WhatsApp and Meta to continue sharing users' data for advertising purposes.