Supreme Court Defers Hearing in Meta-WhatsApp Privacy Policy Case to February 23
The Supreme Court of India has postponed deliberations regarding appeals filed by Meta Platforms Inc. and WhatsApp against a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) over their privacy policy, setting a new hearing date of February 23.
The case centers on concerns about data privacy and potential anti-competitive practices. The court’s decision comes as scrutiny intensifies over how tech giants handle user data and maintain market dominance.
Court Adjourns Due to Advocate’s Illness
The adjournment on Monday was prompted by the reported illness of senior advocate Kapil Sibal, who is representing Meta and WhatsApp. A bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and N V Anjaria, agreed to the request for a postponement. The bench indicated it would consider issuing an interim order during the February 23 hearing.
The court also permitted a litigant, represented by senior advocate Arvind Datar, to formally join the case as a party.
Strong Observations on Data Privacy
On February 3, the Supreme Court delivered pointed criticism of Meta and WhatsApp, asserting that the companies could not “play with the right to privacy of citizens in the name of data sharing.” The bench further alleged that the tech giants were potentially creating a market monopoly and engaging in the “theft of private information of customers.”
The court specifically highlighted the vulnerability of “silent customers” – those who are digitally dependent, unorganized, and unaware of the implications of data-sharing policies. “We will not allow the rights of any citizen of this country to be damaged,” a member of the bench stated.
Background of the Case
The appeals before the Supreme Court stem from a CCI order that levied a ₹213.14 crore penalty on Meta and WhatsApp due to concerns over their privacy policy. WhatsApp is wholly owned by Meta Platforms Inc.
In November 2025, the National Company Law Appellate Tribunal (NCLAT) partially overturned the CCI’s order, lifting a five-year ban on WhatsApp sharing user data with Meta for advertising purposes. However, the NCLAT upheld the ₹213-crore penalty. The NCLAT later clarified that its ruling regarding privacy and consent safeguards extends to all user data collection and sharing, including purposes beyond advertising.
Ministry of Electronics and Information Technology Added as Party
The Supreme Court has ordered the inclusion of the Ministry of Electronics and Information Technology as a party to the appeals, signaling the government’s interest in the outcome of the case. The court will also address a cross-appeal filed by the CCI, challenging the NCLAT’s decision to allow continued data sharing between WhatsApp and Meta for advertising.
The ongoing legal battle underscores the growing global debate surrounding data privacy, market competition, and the responsibilities of large technology companies.
