The Supreme Court is slated to hear on Monday appeals filed by Meta Platforms and WhatsApp LLC challenging a National Company Law Appellate Tribunal (NCLAT) order
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NEW DELHI — The Supreme Court is slated to hear on Monday appeals filed by Meta Platforms and WhatsApp LLC challenging a National Company Law Appellate Tribunal (NCLAT) order that upheld a INR 213.14 crore penalty imposed by the Competition Commission of India (CCI) over the messaging platform’s 2021 privacy policy and data‑sharing practices.
As per the causelist published on the apex court’s official website, the matter is listed before a Special Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi for hearing on February 23 at 2 p.m.
Earlier, the CJI Kant-led Bench had expressed serious concern over WhatsApp’s 2021 privacy policy and the sharing of user data by its parent company, Meta Platforms, observing that the platform cannot be allowed to “play with the right to privacy” of Indian users.
The top court had made the observations while hearing appeals filed by Meta Platforms and WhatsApp LLC against the NCLAT judgment affirming the CCI’s penalty on WhatsApp for abuse of dominant position through its updated privacy terms introduced in 2021.
The CCI has also filed a cross-appeal challenging the NCLAT decision to the extent it permitted WhatsApp to share user data for advertising purposes.
Agreeing to admit the appeals, the CJI-led Bench made sharp observations on the nature of the privacy policy, describing it as a “take it or leave it” arrangement that leaves consumers with no meaningful choice.
“What is the choice? You have a complete monopoly in the market, and you are saying you are giving a choice. It is either you walk out of WhatsApp, or we will share your data,” the apex court had remarked.
Flagging concerns over the impact on ordinary users, the CJI‑led Bench repeatedly questioned the fairness of the privacy policy, remarking: “A poor woman selling fruits on the street -- will she understand the terms of your policy? The language is so cleverly drafted that even some of us may not understand it.”
Describing the alleged data practices as deeply problematic, the Supreme Court had further observed: “This is a decent way of committing theft of private information. You cannot play with the right to privacy of this country. You are making a mockery of constitutionalism.”
It had also taken note of concerns relating to targeted advertisements appearing soon after personal communications, even as WhatsApp maintained that its messaging services are end-to-end encrypted and that it cannot access user conversations.
Solicitor General Tushar Mehta, appearing for the Centre, had supported the apex court’s concerns, submitting that personal data today carries significant monetary value and is increasingly subject to commercial exploitation.
The CJI-led Bench had directed Meta and WhatsApp to file an affidavit explaining their privacy policy framework and data-sharing mechanisms, including the manner in which user consent is obtained and communicated. The Union government was also impleaded as a party to the proceedings.