The Supreme Court on Monday deferred to February 23 the hearing of appeals by Meta Platforms Inc and WhatsApp challenging a Competition Commission of India (CCI) order that imposed a penalty of Rs 213.14 crore over privacy-related issues, while saying it would pass an interim order on February 9 and directing that the Ministry of Electronics and Information Technology be made a party to the appeals.
A bench led by Chief Justice of India Surya Kant, with Justices Joymalya Bagchi and N V Anjaria, adjourned the matter after being informed that senior advocate Kapil Sibal was unwell. The court also permitted a litigant represented by senior advocate Arvind Datar to be added as a party.
The bench has previously taken a stern view of Meta and WhatsApp’s conduct. On February 3 it criticised the companies, saying they could not “play with the right to privacy of citizens in the name of data sharing,” and accused them of creating a market monopoly and misappropriating customers’ private information. The court warned about “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 concern a CCI order that imposed the Rs 213.14‑crore penalty on Meta and WhatsApp over their privacy policy and data‑sharing practices. On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) set aside a portion of the CCI order that had barred WhatsApp from sharing data with Meta for advertising purposes for five years, but it retained the Rs 213‑crore penalty. NCLAT later clarified that its ruling on privacy and consent safeguards also applies to user data collection and sharing for non‑WhatsApp purposes, both for advertising and non‑advertising uses.
The Supreme Court bench is also seized of a cross‑appeal filed by the CCI, which challenges the NCLAT’s decision insofar as it permits WhatsApp and Meta to continue sharing users’ data for advertising purposes. The outcome will determine the immediate scope of data sharing between WhatsApp and Meta and has wider implications for consumer privacy and digital‑market competition in India.
Original Source: https://www.firstpost.com/india/supreme-court-defers-meta-whatsapp-plea-against-rs-213-crore-cci-penalty-to-feb-23-13977823.html
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Publish Date: 2026-02-09 15:21:00
