The Supreme Court on Monday postponed till February 23 the hearing on the petitions of Meta Platforms and WhatsApp, in which the decision of the Competition Commission of India was challenged. This case is related to the controversial privacy policy of WhatsApp and the fine of Rs 213.14 crore imposed on the company.
Why is the issue important?
This hearing is an important milestone in the ongoing legal battle in India over the data rights of digital citizens and the monopoly of Big Tech companies. A bench led by Chief Justice Surya Kant has made it clear that it will pass an interim order in the case on February 23.
Reason for postponement of hearing
During the hearing on Monday, the bench was informed that senior advocate Kapil Sibal, representing Meta and WhatsApp, was unwell. Due to this the court decided to adjourn the hearing. This bench also includes Justice Joymalya Bagchi and Justice NV Anjaria.
Court’s strict comment: ‘No playing in the name of data sharing’
The court has already taken a tough stance in this matter. In the last hearing held on February 3, the bench had made strong remarks against Meta and WhatsApp, saying they “cannot play with the right to privacy of citizens in the name of data sharing”.
The court had expressed concern that these companies were creating a monopoly in the market and stealing personal information of customers. The bench referred to silent customers who are digitally dependent but unaware of the dangers of data sharing. The court said, “We will not allow the rights of any citizen of this country to be harmed.
CCI fine and NCLAT order
The controversy started when CCI had imposed a fine of Rs 213.14 crore on Meta and WhatsApp, considering WhatsApp’s 2021 privacy policy as anti-competitive.
- On November 4, 2025, the penalty was upheld by the National Company Law Appellate Tribunal (NCLAT).
- However, NCLAT had set aside the CCI order that had banned WhatsApp for 5 years from sharing data with Meta for advertising purposes.
- Now CCI has also filed a cross-appeal in the Supreme Court, challenging the NCLAT decision allowing data sharing.
What next?
The Supreme Court has also directed the Ministry of Electronics and Information Technology to become a party in this case. Now all eyes are on February 23, when the court may issue interim directions in this high-profile case.
