Supreme Court slams WhatsApp, Meta: The Supreme Court’s sharp observations on WhatsApp and its parent company Meta have brought the question of user privacy and consent back into focus, raising concerns over whether Indian users have any real control over how their personal data is shared.
Hearing a batch of appeals linked to the Competition Commission of India’s (CCI) Rs 213.14 crore penalty on Meta over WhatsApp’s 2021 “take it or leave it” privacy policy, the apex court on Tuesday made it clear that the right to privacy cannot be diluted in the name of consent.
A Bench led by Chief Justice of India Surya Kant questioned the legitimacy of WhatsApp’s data-sharing framework, stating that it would not permit the sharing of “a single piece of information” if it violated constitutional protections. “You can’t play with the right to privacy in this country,” the CJI said.
The case relates to WhatsApp’s updated privacy policy, which required users to accept revised data-sharing terms or stop using the platform. While the CCI penalised Meta for abusing its dominant position, the National Company Law Appellate Tribunal (NCLAT) on 4 November 2025, upheld the penalty but allowed limited data sharing for advertising purposes and overturned the 5-year ban imposed by the regulator.
A clarification issued on December 15, 2025, required that all types of data sharing – whether advertising-related or non-advertising-related – must provide users with a clear opt-out option.
However, the Court expressed serious doubts as to whether such opt-out mechanisms actually empower users. Calling the practice a “mockery of constitutionalism”, the bench questioned how consent can be considered valid when users are left with no practical option but to accept the terms. Justice Joymalya Bagchi remarked that the allegations levelled against the companies were of the creation of a “manufactured consent”.
The court also flagged the imbalance of power between large technology platforms and ordinary users. It noted that individuals such as street vendors or users in remote areas of Tamil Nadu or Bihar may not fully understand the “crafty language” used in privacy policies, effectively stripping them of informed choice. The Bench described such consumers as being commercially exploited and referred to silent users as victims of a system that gives them “no voice”.
The judges further observed that users had been made “addicted” to digital platforms, making the decision less about informed consent and more about compulsion. The real question, the court said, was not whether users were warned, but whether they were being forced to accept the terms or abandon the service altogether.
Reiterating that privacy is a fundamental right, the CJI said the court would not allow the rights of any citizen to be violated. “This is a decent way of committing theft on the privacy of the country. Right to privacy is so zealously protected in this country, we will not allow you to violate it,” he said.
The Supreme Court has listed the matter on February 9 for issuing interim directions. On a joint request by senior counsels, the Union of India has been impleaded as a respondent and has been granted liberty to file its counter-affidavit.
As the case proceeds, the court’s scrutiny is expected to shape how far global technology companies can go in collecting and sharing user data in India — and whether Indian users are truly being given a meaningful choice over their personal information.
FAQs related to the article
The Supreme Court has issued warnings to global tech giants, pulling up WhatsApp and Meta over what it called coercive and opaque data-sharing practices that strike at the heart of India’s constitutional right to privacy.
Q2 What message did the court send?
Hearing a clutch of appeals linked to WhatsApp’s 2021 privacy policy, the top court made it clear that commercial interests cannot override citizens’ fundamental rights, especially when consent is obtained through a “take-it-or-leave-it” framework.
Q3 What was the reason for the Supreme Court’s sharp intervention?
The case pertains to the Rs 213.14 crore fine imposed on Meta by the Competition Commission of India over WhatsApp’s 2021 privacy policy.
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