Supreme Court defers Meta–WhatsApp privacy policy case to February 23

The Supreme Court on Monday adjourned the hearing on appeals filed by Meta Platforms Inc and WhatsApp challenging a Competition Commission of India order imposing a ₹213.14 crore penalty over their privacy policy. The matter will now be taken up on February 23.

The case was listed before a bench headed by Chief Justice of India Surya Kant. During oral mentioning, counsel informed the court that senior advocate Kapil Sibal, appearing for the platforms, was unwell and sought an adjournment, which the bench allowed.

The court said it would consider passing an interim order on the next date of hearing. It also permitted a litigant represented by senior advocate Arvind Datar to be impleaded as a party in the matter.

Earlier, on February 3, the bench made strong observations against Meta and WhatsApp, stating that the companies could not play with citizens’ right to privacy in the name of data sharing. The court flagged concerns over commercial exploitation of user data and referred to “silent consumers” who may be unaware of the implications of such policies.

The appeals arise from a CCI order penalising the companies for alleged anti-competitive conduct linked to WhatsApp’s privacy policy. A related cross-appeal by the CCI is also pending, challenging aspects of a prior appellate ruling that allowed continued data sharing while retaining the monetary penalty.