The Supreme Court deferred to February 23 the hearing on Meta and WhatsApp’s challenge to a Rs 213.14 crore CCI penalty over privacy policy violations. The adjournment was granted after senior advocate Kapil Sibal sought time due to illness.
NEW DELHI: The Supreme Court postponed to February 23 the pleas from Meta Platforms Inc and WhatsApp challenging a Competition Commission of India (CCI) order that imposed a penalty of Rs 213.14 crore regarding their privacy policy.
A bench, which included Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N.V. Anjaria, was informed that senior advocate Kapil Sibal was unwell, prompting the request for an adjournment of the hearing.
The bench stated it would take up the pleas to issue an interim order on February 23, and it allowed a litigant represented by senior advocate Arvind Datar to join the case.
On February 3, the bench made pointed remarks against Meta Platforms Inc and WhatsApp, stating they could not “play with the right to privacy of citizens in the name of data sharing.” The justices accused the companies of creating a monopoly and stealing customers’ private information.
Criticizing WhatsApp’s privacy policy, the bench referenced “silent customers” who are disorganized, digitally reliant, and unaware of the implications of data-sharing policies.
It affirmed,
“We will not allow the rights of any citizen of this country to be damaged.”
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In November 2024, the Competition Commission of India held that WhatsApp’s 2021 privacy policy update violated the Competition Act, 2002. The CCI concluded that WhatsApp had abused its dominant position in the market by forcing users to accept the updated policy in order to continue using the application.
According to the regulator, the policy followed a “take-it-or-leave-it” approach, which left users with no real choice but to agree to expanded data sharing with other Meta-owned platforms if they wanted to keep using WhatsApp.
The CCI found that this conduct was unfair and anti-competitive. As a result, it imposed a penalty of Rs 213.14 crore on Meta Platforms Inc and also issued several corrective directions. These directions barred WhatsApp from making data sharing with Meta group companies compulsory for accessing its services in India.
The regulator also ordered WhatsApp to provide clear opt-in and opt-out options to users and to make detailed disclosures explaining what data is shared, with whom it is shared, and for what purpose.
Aggrieved by the CCI’s order, both Meta Platforms and WhatsApp approached the National Company Law Appellate Tribunal to challenge the findings as well as the penalty and remedial measures imposed on them.
In January 2025, the NCLAT granted interim relief to WhatsApp by staying the monetary penalty of Rs 213.14 crore. The tribunal also stayed the CCI’s direction that imposed a five-year ban on data sharing between WhatsApp and other Meta entities.
While granting this relief, the NCLAT observed that such a long-term ban could severely affect WhatsApp’s business model, especially since the messaging service is provided to users free of cost.
After hearing the matter in detail, the NCLAT delivered its final judgment in November 2025. In this judgment, the appellate tribunal partly ruled in favour of WhatsApp.
It set aside the CCI’s finding that Meta had used WhatsApp’s dominance in the over-the-top (OTT) messaging market to safeguard its position in the online display advertising market.
However, despite granting this relief, the tribunal upheld the penalty of ₹213.14 crore imposed by the competition watchdog.
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Following the judgment, the Competition Commission of India filed a clarification application before the NCLAT. Acting on this application, the tribunal restored the user-choice safeguards that had been directed by the CCI.
The NCLAT also granted WhatsApp a period of three months to comply with these remedial directions, which were aimed at protecting user consent and transparency in data sharing practices.
Dissatisfied with the outcome, Meta Platforms Inc and WhatsApp have now approached the Supreme Court, challenging the NCLAT’s decision to uphold the penalty and enforce the remedial measures.
The Supreme Court has indicated it would issue an interim order on February 9, and has also ordered that the Ministry of Electronics and Information Technology be included as a party in the appeals from the two companies.
Additionally, the bench is considering a cross-appeal from the CCI, which challenges the NCLAT’s ruling that allowed WhatsApp and Meta to continue sharing user data for advertising purposes.
Case Title: META PLATFORMS, INC Versus COMPETITION COMMISSION OF INDIA AND ORS. (C.A. No. 301-302/2026 XVII-B)