SC defers hearing in WhatsApp privacy case to February 23
What's the story
The Supreme Court of India has adjourned the hearing on the privacy policy case involving messaging platform WhatsApp and its parent company Meta Platforms. The case was scheduled for today but was postponed to February 23, 2026, after a request from the counsel representing WhatsApp. Senior advocate Kapil Sibal, who is representing the online platform in this matter, is reportedly unwell.
Judicial position
Case stems from CCI's fine order
The case stems from an order by the Competition Commission of India (CCI) that slapped a fine of ₹213.14 crore on Meta and WhatsApp over their privacy policy. On February 3, 2026, the Supreme Court made it clear that it would not allow WhatsApp and Meta to violate the right to privacy of millions of Indian users through sharing and commercial exploitation of their personal data.
Data privacy
Court likened data sharing to 'decent way of committing theft'
The three-judge bench, led by Chief Justice of India Surya Kant, likened the act of sharing private data to a "decent way of committing theft." The court said that by now, Meta and WhatsApp must have taken away millions of bytes of data. This strong analogy underlines the court's serious concern over user privacy rights in the digital age.
Legal defense
WhatsApp, Meta strongly contest allegations
In response to the court's remarks, WhatsApp and Meta, represented by senior advocates Mukul Rohatgi and Amit Sibal, strongly contested the allegations. They argued that users have the option to 'opt-out' from having their data shared, emphasizing that prior consent is key. WhatsApp also clarified that messages sent and received on its platform are end-to-end encrypted, further defending its data privacy practices in light of the court's concerns.