'Can't Follow our Constitution? Leave India': Supreme Court to Meta

Feb 4, 2026 - The Supreme Court on Tuesday (February 3) issued a strong warning to Meta Platforms over WhatsApp’s privacy policy, saying that if companies cannot comply with the Constitution of India, they should leave the country. They cannot play with the citizens’ right to privacy for their personal business interests, the Court ruled, saying "If you can't follow our Constitution, leave India. We won't allow citizens' privacy to be compromised".

The three-Judge Bench, comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi, was hearing appeals filed by Meta and WhatsApp against a National Company Law Appellate Tribunal (NCLAT) decision in 2025 to uphold a Rs 213.14 crore penalty imposed by Competition Commission of India (CCI). The CCI had imposed the fine objecting to the WhatsApp’s 2021 privacy policy of “take-it-or-leave-it” approach calling it an abuse of the company’s market dominance.

Meta and WhatsApp had challenged the NCLAT decision in the Supreme Court.

The Bench, during the hearing on Tuesday, questioned WhatsApp’s privacy policy asking, “Where is the opt-out option?” If a user does not want their data to be shared, they should have a clear choice to opt out, it said.

Senior advocate Akhil Sibal, appearing for WhatsApp, argued that users do have an option to stay out of the policy.

The CJI raised serious concerns over the language used in WhatsApp’s privacy policy and ruled that the right to privacy was extremely important. 

CJI Surya Kant said: “What is the choice for consumers? They are told to either walk out of WhatsApp or share their data… You have complete monopoly in the market. We will not allow you to share a single word of people’s personal data… Are you ready to give an affidavit from your management undertaking this, otherwise we will dismiss your case… There is no question of sharing data. How can you take away the right to privacy of people like this?”

The Court directed that the Ministry of Information and Technology (I&T) be made a party in the case and said that companies must give a written assurance that user data will not be shared, otherwise the Bench will be compelled to pass orders.

Describing the wording of the WhatsApp’s privacy terms a “civilised way of stealing personal data,” the Court observed that the policy has been drafted so cleverly that an ordinary person cannot understand them.

The Bench also pointed out that there were those vulnerable, “silent consumers” in remote areas who were completely unaware of the system.

Apart from two appeals filed by Meta Platforms, there was also a cross-appeal before the Supreme Court filed by the CCI about sharing of user data for advertising purposes. In its 2025 order, the NCLAT had allowed it after directing there was no 'abuse of power' by the company.

The petitions were admitted and an interim order will be issued on February 9, 2026.

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