04/02/2026
“You cannot play with the right of privacy of this country, let a clear message go on your WhatsApp…” said Chief Justice of India Surya Kant while hearing a matter on 3 February. The matter pertains to a case related to WhatsApp’s 2021 privacy policy. The Chief Justice told Meta that companies operating in India must follow Indian law and respect citizens’ privacy. He added that if they cannot do so, they should leave the country.
The case began after the Competition Commission of India (CCI) fined Meta in 2024 for abusing its position. The regulator said WhatsApp forced users to accept a “take it or leave it” policy, which expanded data-sharing with Meta without a real opt-out.
Meta and WhatsApp challenged the order, bringing the matter before the Supreme Court. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi heard the matters.
Senior Advocate Mukul Rohatgi and Senior Advocate Akhil Sibal, appearing for Meta and WhatsApp, respectively, told the court that three appeals were before it, two by Meta and WhatsApp and one by the CCI. Counsel also informed the bench that the penalty amount had been deposited in full.
The apex court questioned how every user was expected to understand WhatsApp’s privacy terms and whether consent was truly voluntary. The bench said personal data cannot be commercially exploited and warned that not even a single bit of user data should be shared without proper safeguards.
The court also raised concerns about how data could be used for targeted advertising, even if messages are end-to-end encrypted. The bench will now hear on the need for interim directions on 9 February.
