By Poyam Swarnkar, Advocate
Hawelikar & Associates, Advocates
In a significant development for digital privacy in India, the Supreme Court of India has made pointed observations on WhatsApp and its parent company, Meta Platforms, over the company’s “take-it-or-leave-it” privacy policy. During a hearing on 03.02.2026, the Court underscored that the right to privacy is a fundamental right and cannot be treated as a condition that users must accept merely to remain on a digital platform.
Meta Platforms and WhatsApp challenged the CCI’s order before the National Company Law Appellate Tribunal (NCLAT). In November 2025, the NCLAT upheld the penalty but modified certain directives, including aspects related to data-sharing restrictions. Dissatisfied with the outcome, the companies approached the Supreme Court of India in early 2026.
The Bench hearing the matter comprised Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi. Senior Advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp, informed the Court that the penalty had been deposited. Senior Advocate Niranjan Reddy, appearing for the Internet Freedom Foundation, also addressed the Court on concerns relating to user privacy. During the hearing, the Court observed that refusing consent under the policy effectively requires users to stop using WhatsApp altogether. The Bench questioned whether such an arrangement provides users with a genuine choice, particularly given the platform’s widespread use and varying levels of digital literacy among users. The Supreme Court is considering not only the proportionality of the penalty but also whether the structure of the policy raises constitutional concerns relating to the right to privacy.
Reference:-
(Supreme Court warning & judgment dated 03.02.2026)
The dispute originates from WhatsApp’s 2021 privacy policy update, which required users to consent to expanded data sharing with Meta group companies or discontinue using the application. Taking Suo Motu cognisance, the Competition Commission of India (CCI) examined the policy and concluded that such mandatory consent amounted to an abuse of WhatsApp’s dominant position under the Competition Act, 2002. On November 2024, the CCI imposed a penalty of ?213.14 crore and issued compliance directions.
On 23.02.2026, the Supreme Court of India continued to hear the case regarding Meta and WhatsApp's challenge to a 213.14 crore penalty imposed by the Competition Commission of India (CCI) over their 2021 privacy policy.
WhatsApp and Meta informed the Supreme Court that they would comply with the directions of the National Company Law Appellate Tribunal (NCLAT) regarding user data sharing by 16.03.2026.