Supreme Court warned Meta to exit India if it cannot adhere to constitutional privacy standards
A ₹213.14 crore CCI penalty for WhatsApp’s 2021 "take-it-or-leave-it" policy was the core dispute
Chief Justice Surya Kant labeled the policy theft, questioning the transparency of its opt-out mechanisms
The Supreme Court on Tuesday strongly reprimanded Meta while hearing its plea challenging a penalty imposed over WhatsApp’s 2021 privacy policy, warning the US-based tech giant that it should exit India if it cannot comply with the Constitution and protect users’ data privacy, Bar and Bench reported.
A bench led by Chief Justice of India Surya Kant was hearing Meta and WhatsApp’s challenge to an order of the National Company Law Appellate Tribunal (NCLAT), which had upheld a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI). The fine relates to WhatsApp’s controversial 2021 privacy policy update that expanded data-sharing with other Meta platforms.
1 January 2026
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“You can’t play with the privacy of our country… we will not allow you to share a single digit of our data,” the Chief Justice reportedly observed.
He reportedly added that if Meta cannot adhere to Indian law and constitutional principles, it was free to leave the country. “If you can’t follow our Constitution, leave India. We won’t allow citizens’ privacy to be compromised,” he said.
Opt Out policy Row
The court also reportedly questioned WhatsApp’s claims that users had a meaningful choice to opt out of the policy. Referring to the lack of a clear opt-out mechanism, the bench remarked, “Where is the question of opting out? Show me on your mobile. This is a decent way of committing theft of private information.”
The Chief Justice further pointed out that merely publishing information in newspapers does not amount to informed consent, asking how ordinary users would even know that such a right existed.
Govt’s Argument
Appearing for the government, Solicitor General Tushar Mehta reportedly described WhatsApp’s data-sharing framework as “exploitative”, arguing that the policy enabled commercial use of user data by leveraging the platform’s dominance. The court echoed these concerns, noting WhatsApp’s near-universal usage and the imbalance of power between the platform and its users.
The matter also involves a cross-appeal filed by the CCI regarding WhatsApp’s sharing of user data for advertising purposes. While the appellate tribunal ruled that there was no abuse of dominance on that specific issue and allowed data-sharing, it upheld the ₹213 crore penalty imposed by the regulator.
Background
In its November 2024 order, the CCI had held that WhatsApp abused its dominant position by forcing users to accept the 2021 privacy policy as a condition for continued access to the messaging service. The regulator objected to WhatsApp’s insistence that users permit data-sharing with other Meta platforms, concluding that consent was neither free nor informed.
Meta and WhatsApp challenged the CCI order in January 2025. In November 2025, the appellate tribunal lifted a five-year restriction on WhatsApp sharing user data but maintained the monetary penalty. Senior advocates Mukul Rohatgi and Kapil Sibal, appearing for Meta, told the Supreme Court that the fine had already been deposited.
