NEW DELHI – In a scathing rebuke that could redefine the operations of global tech giants in India, the Supreme Court of India on Tuesday warned Meta—the parent company of WhatsApp—to comply with national privacy standards or cease operations in the country.
A bench led by Chief Justice Surya Kant delivered a stern ultimatum to the U.S.-based corporation, stating, “If you can’t follow our Constitution, leave India. We will not allow the privacy of our citizens to be compromised.”
“Data Theft” Allegations and Rural Impact
The court’s reprimand centered on WhatsApp’s controversial 2021 privacy policy. The Chief Justice expressed deep concern over whether the platform’s complex legal jargon could even be understood by the common citizen.
“Will a poor woman, a roadside vendor, or someone who only speaks Tamil be able to understand your policy?” the Bench asked. “Sometimes even we have difficulty understanding them… how will someone in rural Bihar cope? This is a way of committing theft of private information.”
The Chief Justice further illustrated his point with a personal anecdote regarding targeted advertising:
“If a message is sent to a doctor about feeling under the weather, immediately you start seeing medicine ads. We will not allow you to share a single digit of our data.”
The Legal Tug-of-War: CCI vs. Meta
The hearing follows a complex legal history involving the Competition Commission of India (CCI):
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The Fine: In 2024, the CCI imposed a ₹213 crore penalty on WhatsApp for using its dominant market position to force users into accepting data-sharing with other Meta platforms.
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The Appeal: While Meta deposited the fine, they challenged the CCI’s restrictions on data sharing.
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The Government’s Stand: Solicitor General Tushar Mehta labeled the policy “exploitative,” arguing that user data was being harvested for commercial gain without genuine informed consent.
Case Timeline
| Date | Event |
| Nov 2024 | CCI imposes ₹213 crore fine; bans data sharing for 5 years. |
| Jan 2025 | Meta and WhatsApp challenge the CCI order. |
| Nov 2025 | Law Tribunal upholds the fine but lifts the 5-year data-sharing ban. |
| Feb 2026 | Supreme Court intervenes, threatening an “exit” order over privacy concerns. |
The Defense: “End-to-End Encrypted”
Representing Meta and WhatsApp, Senior Advocates Mukul Rohatgi and Akhil Sibal maintained that the platform remains secure. They argued that all messages are “end-to-end encrypted,” ensuring that neither Meta nor any third party can read the actual content of private conversations.
However, the court remained skeptical, focusing on metadata and the lack of a clear “opt-out” mechanism that is accessible to the non-English speaking population. The matter remains sub-judice as the court weighs the balance between digital innovation and the fundamental right to privacy.
