Supreme Court Warns Meta over WhatsApp PolicyTop Stories

February 03, 2026 15:26
Supreme Court Warns Meta over WhatsApp Policy

The large technology company Meta, which owns WhatsApp, faced criticism from the Supreme Court on Tuesday concerning the privacy rules of its messaging app. A panel led by Chief Justice Surya told the American firm, "You cannot tamper with privacy. . . we will not let you share any of our data" and mentioned that it would not tolerate any exploitation of Indian citizens. The court heard a case concerning WhatsApp's privacy guidelines from 2021, particularly focusing on a ruling by the company law tribunal that supported the Competition Commission of India's fine of Rs 213 crore. There was also a counter-appeal from the CCI regarding the sharing of user data for advertising purposes, which the tribunal approved after deciding that the company did not 'abuse power. '

Solicitor General Tushar Mehta, representing the government, criticized the "exploitative" nature of the policy that allows sharing of user data for business reasons, to which the Chief Justice replied, "If you cannot adhere to our Constitution, then you should leave India. We will not let citizens' privacy be violated. "

The court made specific remarks about the policy, questioning whether it could be easily understood by the many poor and uneducated individuals in the country. ". . . can a poor woman or a street vendor, or someone who only speaks Tamil. . . understand this? ""Sometimes even we struggle to comprehend your policies. . . " the court harshly criticized Meta and WhatsApp after learning of an 'opt out' option, ". . . how will those living in rural Bihar comprehend this? This is a method of stealing private information. We will not permit it." The Chief Justice shared his own experience as an example. "If a doctor receives a WhatsApp message saying you're not feeling well. . . and the doctor replies with some prescriptions, you instantly start seeing advertisements. . . "

Senior Advocates Mukul Rohatgi and Akhil Sibal, representing Meta and WhatsApp, countered by asserting that all messages are 'end-to-end encrypted', which means the companies cannot view the content. In November 2024, the CCI stated that due to WhatsApp's strong market position, it was compelling users to accept the new privacy rules. The CCI was unhappy with WhatsApp telling users that they had to allow data-sharing with other Meta services to continue using the messaging app. Consequently, a penalty of Rs 213 crore was imposed, which Rohatgi and Sibal informed the court had already been paid. In January 2025, Meta and WhatsApp contested that order. Then in November 2025, the law tribunal removed a five-year restriction on WhatsApp sharing data, although the fine was confirmed.

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