The Supreme Court on Monday adjourned to February 23 the hearing on Meta and WhatsApp’s appeals against a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) for alleged abuse of dominance through their privacy policy. The matter could not be taken up after senior advocate Kapil Sibal cited illness. The court had earlier criticised the tech giants for playing with users’ privacy rights and upheld citizens’ data protection concerns.
The Supreme Court on Monday adjourned to February 23, 2026, the hearing of petitions filed by Meta Platforms Inc and its subsidiary WhatsApp challenging the ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) in connection with their 2021 privacy policy.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria deferred the matter after it was informed that senior advocate Kapil Sibal, appearing for the petitioners, was unwell. The court indicated that it would take up the matter for passing an interim order on the next date of hearing.
The bench also allowed an application by a litigant represented by senior advocate Arvind Datar to be impleaded as a party to the case.
The matter had seen strong remarks from the bench on February 3, where it expressed concern over the data-sharing practices of Meta and WhatsApp. Criticising the companies, the bench had stated:
“You cannot play with the right to privacy of citizens in the name of data sharing.”
It went on to allege that the companies were creating a monopoly and engaging in “theft of private information.” Referring to millions of users who are digitally dependent and unaware of the implications of such policies, the bench noted:
“We will not allow the rights of any citizen of this country to be damaged.”
The CCI had imposed a penalty of ₹213.14 crore on WhatsApp and Meta over alleged anti-competitive practices tied to WhatsApp’s updated privacy policy introduced in 2021. The Commission held that the policy violated users’ rights and constituted an abuse of dominant position under the Competition Act, 2002.
While hearing the challenge, the National Company Law Appellate Tribunal (NCLAT) on November 4, 2025, partly set aside the CCI’s directive banning WhatsApp from sharing user data with Meta for advertising for five years, but retained the monetary penalty.
Later, the NCLAT clarified that its ruling also applies to data-sharing activities beyond advertising, encompassing both WhatsApp and non-WhatsApp services.
The apex court is also considering a cross-appeal filed by the CCI, which contests the NCLAT’s decision allowing continued data sharing between WhatsApp and Meta. In light of the wider implications of the privacy concerns, the bench had earlier directed that the Ministry of Electronics and Information Technology (MeitY) be made a party to the case.
The case is now slated for hearing on February 23 for potential interim relief.
