The Supreme Court sharply criticised WhatsApp and its parent company Meta Platforms while hearing their pleas challenging a National Company Law Appellate Tribunal (NCLAT) order which upheld a ₹213 crore penalty imposed by the Competition Commission of India (CCI) for abuse of dominance in the OTT messaging market.

A three-judge Bench led by Chief Justice of India Justice Surya Kant made it unequivocally clear that the Court would not permit even a “single word” of Indian users’ data to be shared in violation of their right to privacy. The Bench warned that commercial interests of multinational corporations cannot override constitutional rights, remarking that if entities are unwilling to abide by India’s constitutional framework, they cannot continue operations in the country.

Senior Advocate Mukul Rohatgi and Amit Sibal, appearing for Meta and WhatsApp, informed the Court that three appeals were before it, two by Meta and WhatsApp and one by the CCI. It was submitted that the penalty amount had already been deposited in full, subject to the outcome of the appeals. The Bench recorded that the deposited amount shall not be withdrawn until further orders.

The Court strongly questioned WhatsApp’s so-called “opt-out” mechanism, observing that the privacy policy appeared to be designed in a misleading manner, particularly disadvantaging vulnerable users such as elderly persons, rural users, or those unfamiliar with English or complex digital consent frameworks. The Bench likened the impugned data-sharing practices to a “decent way of committing theft” and underscored that meaningful, informed consent is non-negotiable.

The Bench indicated that an unequivocal undertaking on non-sharing of user data would be necessary for the Court to entertain WhatsApp’s challenge.

The Bench stated that detailed orders in the matter would be passed on February 10.