SC to hear Meta's appeal against privacy policy fine tomorrow
What's the story
The Supreme Court is set to hear appeals from technology giants Meta and WhatsApp against a Competition Commission of India (CCI) order tomorrow. The CCI had imposed a fine of ₹213.14 crore on the companies over their privacy policy. The hearing will be conducted by a bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi.
Court observations
SC's scathing remarks against Meta, WhatsApp
On February 3, the Supreme Court made scathing remarks against Meta Platforms and WhatsApp. The bench said they could not "play with the right to privacy of citizens in the name of data sharing." It also accused them of creating a monopoly in the market and stealing private information from customers.
Protection assurance
'Silent customers' and implications of data sharing
The SC also stressed that it would not allow the rights of any citizen to be harmed. This was in reference to "silent customers," who are unorganized, digitally dependent, and unaware of data-sharing policies' implications. The bench specifically criticized WhatsApp's privacy policy in this context.
Tribunal decision
NCLAT's order on privacy and consent safeguards
On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) overturned a part of a CCI order that had barred WhatsApp from sharing data with Meta, for advertising reasons for five years. However, it upheld the ₹213 crore penalty. Later, the NCLAT clarified that its order on privacy and consent safeguards, also covers user data collection and sharing for non-WhatsApp purposes including non-advertising and advertising.
Action
Cross-appeal by CCI
The Supreme Court has directed that the Ministry of Electronics and Information Technology be made a party to the appeals of Meta and WhatsApp. The bench is also hearing a cross-appeal by the CCI against the NCLAT ruling that permitted WhatsApp and Meta to continue sharing user data for advertising purposes.