Meta Faces CJI Warning Over WhatsApp Policy in India

The Supreme Court on Tuesday strongly criticised WhatsApp’s privacy policy and asked whether ordinary citizens can truly understand its terms. The bench raised concerns about millions of poor and uneducated users in India. It questioned if they could make informed choices while accepting complex privacy agreements. The court emphasized that protecting personal data is a fundamental responsibility for all tech companies operating in India. Companies must maintain transparency and accountability in their data practices.

A bench led by Chief Justice Surya Kant reprimanded Meta, the parent company of WhatsApp, warning that the judiciary would not tolerate any attempt to compromise Indian users’ privacy. “You cannot play with privacy,” the Chief Justice said firmly. “We will not allow you to share even a single digit of Indian user data.” He also warned that companies refusing to follow India’s Constitution and laws have no right to operate in the country. The Chief Justice stressed that user consent must be meaningful, clear, and easy to understand, even for citizens in rural areas or those with limited education. Exploiting personal information for commercial gain would have serious consequences.

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Court Highlights Privacy Concerns and Real-World Impact

Solicitor General Tushar Mehta, representing the Centre, criticized WhatsApp’s data-sharing practices as exploitative. He said users have no real choice when their information gets used for commercial purposes. The Chief Justice shared examples from real life. Users often see targeted advertisements immediately after sharing personal details, such as health information, on WhatsApp. The court pointed out that ordinary users, especially in rural areas or with limited education, could not fully understand the complex privacy terms.

Senior advocates Mukul Rohatgi and Akhil Sibal, representing Meta, defended the platform. They said WhatsApp uses end-to-end encryption, which prevents even the company from reading user messages. The court emphasized that foreign companies must follow Indian laws if they want to operate in the country.

Background of the Case and Tribunal Rulings

The hearing focused on petitions against WhatsApp’s 2021 privacy policy update and the National Company Law Appellate Tribunal’s ruling. The tribunal upheld a ₹213 crore fine imposed by the Competition Commission of India (CCI). It also allowed WhatsApp to share user data for advertising purposes after ruling that the company had not abused its dominant market position. The CCI challenged this part of the ruling through a cross-appeal.

The dispute began in November 2024 when the CCI ruled that WhatsApp forced users to accept the new policy, misusing its dominant position. The regulator objected to linking access to messaging services with data sharing across Meta platforms. Meta has already paid the ₹213 crore penalty. The company challenged the order in January 2025. Later, in November 2025, the tribunal lifted a five-year restriction on data sharing but retained the monetary fine.

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