Will the Supreme Court Review Meta and WhatsApp's Challenge to the Rs 213 Crore CCI Fine?
Synopsis
Key Takeaways
New Delhi, Feb 22 (NationPress) The Supreme Court is scheduled to deliberate on Monday regarding the petitions submitted by Meta Platforms and WhatsApp contesting a hefty fine of Rs 213.14 crore imposed by the Competition Commission of India (CCI) concerning their privacy policy.
A bench led by Chief Justice of India Surya Kant, accompanied by Justices Joymalya Bagchi and Vipul M Pancholi, is expected to address this significant issue.
Previously, on February 3, the court made pointed comments regarding these corporations, asserting they cannot “manipulate the right to privacy of citizens under the guise of data sharing.”
The bench noted that these platforms seem to be fostering a monopoly and are potentially abusing users’ private data.
Expressing apprehension over WhatsApp’s privacy policies, the court highlighted the existence of “silent customers” who are unorganized, digitally reliant, and frequently oblivious to the repercussions of data-sharing regulations. The judges emphasized that they would protect the rights of citizens.
This case pertains to a CCI directive that levied a penalty of Rs 213.14 crore on the two companies due to alleged breaches related to WhatsApp’s privacy practices.
On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) overturned a segment of the CCI order that prohibited WhatsApp from sharing user data with Meta for advertising purposes over a five-year span. Nonetheless, the tribunal maintained the financial penalty.
Subsequently, the NCLAT clarified that its ruling on privacy and consent measures would also encompass the collection and sharing of user data for purposes beyond WhatsApp, affecting both advertising and non-advertising endeavors.
The Supreme Court previously noted it would issue a temporary order on February 9 and mandated that the Ministry of Electronics and Information Technology be included in the appeals lodged by the two companies.
The court is also considering a cross-appeal from the CCI, which contests the NCLAT ruling allowing WhatsApp and Meta to proceed with sharing user data for advertising purposes.