New Delhi, February 9: The Supreme Court on Monday deferred the hearing of petitions filed by Meta Platforms Inc and WhatsApp challenging a Competition Commission of India (CCI) order imposing a penalty of ₹213.14 crore over WhatsApp’s privacy policy. The matter will now be taken up on February 23.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria adjourned the hearing after being informed that senior advocate Kapil Sibal was unwell. The bench said it would consider passing an interim order on the next date.
The court also allowed a litigant represented by senior advocate Arvind Datar to be impleaded as a party in the case.
Earlier, on February 3, the bench had made strong observations against Meta and WhatsApp, stating that companies cannot “play with the right to privacy of citizens in the name of data sharing.” The court had also flagged concerns over alleged monopolistic practices and misuse of users’ personal data.
While criticising WhatsApp’s privacy policy, the bench referred to “silent customers” who are digitally dependent and often unaware of the implications of data-sharing policies, asserting that the rights of citizens cannot be compromised.
The Supreme Court is hearing appeals filed by Meta Platforms Inc and WhatsApp against a CCI order that imposed a penalty of ₹213.14 crore over violations linked to the privacy policy. In November 2025, the National Company Law Appellate Tribunal had set aside the CCI’s direction barring WhatsApp from sharing user data with Meta for advertising purposes for five years, but upheld the monetary penalty.
Subsequently, the tribunal clarified that its order on privacy and consent safeguards would also apply to data collection and sharing for non-WhatsApp purposes, including both advertising and non-advertising uses.
The apex court is also examining a cross-appeal filed by the CCI challenging the tribunal’s decision that allowed continued data sharing for advertising purposes. The Ministry of Electronics and Information Technology has been impleaded as a party in the matter.
