SC postpones Meta, WhatsApp pleas on Rs 213 crore CCI penalty over privacy rules

New Delhi: The Supreme Court on Monday deferred to February 23 the hearing of pleas filed by Meta Platforms Inc and WhatsApp challenging a Competition Commission of India (CCI) order imposing a penalty of Rs 213.14 crore over privacy policy issues.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria was informed that senior advocate Kapil Sibal, representing the parties, was unwell, leading to the adjournment. The bench stated it would take up the pleas for passing an interim order on February 23.

The court also allowed a litigant represented by senior advocate Arvind Datar to be made a party to the case. Additionally, the Ministry of Electronics and Information Technology (MeitY) has been included as a party in the appeals.

On February 3, the bench had expressed strong concerns against Meta Platforms Inc and WhatsApp, noting that they could not "play with the right to privacy of citizens in the name of data sharing" and alleged that the companies were creating a monopoly in the market while "committing theft of private information of customers."

The court further highlighted the issue of “silent customers” who are unorganised, digitally dependent, and unaware of the implications of data-sharing policies, asserting, "We will not allow the rights of any citizen of this country to be damaged."

The appeals challenge a CCI order that imposed the Rs 213.14 crore penalty on the companies over WhatsApp’s privacy policy. On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) had set aside a section of the CCI order that barred WhatsApp from sharing user data with Meta for advertising purposes for five years, while retaining the penalty. 

NCLAT later clarified that its order on privacy and consent safeguards also applies to user data collection and sharing for non-WhatsApp purposes, including advertising.

The Supreme Court is also seized of a cross-appeal filed by the CCI challenging NCLAT’s decision to allow WhatsApp and Meta to continue sharing user data for advertising purposes.