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 that imposed a penalty of ₹213.14 crore over alleged violations linked to the messaging platform’s privacy policy.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria adjourned the matter after senior advocate Kapil Sibal, appearing for Meta and WhatsApp, informed the court that he was unwell. The bench also allowed a litigant represented by senior advocate Arvind Datar to be impleaded as a party in the case.
Earlier, on February 3, the top court had made strong observations against Meta and WhatsApp, stating that companies could not “play with the right to privacy of citizens”. The bench had expressed concern that the platforms were allegedly creating a monopoly and misusing private information of users. It had particularly flagged the issue of “silent customers” — users who may not be fully aware of the implications of data sharing — and underscored that citizens’ fundamental rights must be adequately safeguarded.
The appeals before the Supreme Court arise from a November 2025 judgment of the National Company Law Appellate Tribunal (NCLAT). While the NCLAT set aside a portion of the CCI’s order that restrained WhatsApp from sharing user data for advertising purposes, it upheld the penalty of around ₹213 crore imposed on the company. Dissatisfied with the partial relief granted by the appellate tribunal, Meta and WhatsApp approached the apex court.
At the same time, the Supreme Court is also seized of a cross-appeal filed by the CCI, which has challenged the NCLAT’s decision to lift the bar on data sharing for advertising. In addition, the court has directed that the Ministry of Electronics and Information Technology be made a party to the proceedings, signalling the wider regulatory and policy implications of the case.
The matter is now scheduled to be taken up for detailed hearing on February 23, when the court is expected to examine the competing claims surrounding data protection, market dominance, and the balance between digital business practices and citizens’ right to privacy.
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