“Respect Our Constitution or Leave”: Supreme Court Comes Down Hard on Meta Over WhatsApp Privacy Policy

New Delhi:The Supreme Court on Tuesday delivered a stern warning to Meta Platforms Inc., the parent company of WhatsApp, over its controversial 2021 privacy policy, making it clear that the country will not tolerate any compromise on citizens’ data privacy.

A Bench led by Chief Justice Surya expressed strong displeasure over WhatsApp’s data-sharing practices, remarking that privacy cannot be treated casually in India, especially when millions of users are poor, digitally unaware, or uneducated. The court questioned whether such a complex privacy policy could even be properly understood by the vast majority of Indian users.

“You cannot play with the privacy of Indians. We will not permit you to share even a single digit of our citizens’ data,” the Chief Justice said, adding bluntly, “If you cannot follow the Constitution of India, you should exit the country.”

Case Background

The court was hearing petitions related to WhatsApp’s 2021 privacy policy, following an order by the Competition Commission of India (CCI), which had imposed a ₹213 crore penalty on Meta for unfair trade practices and misuse of its dominant position.

The National Company Law Appellate Tribunal (NCLAT) had earlier upheld the fine but allowed WhatsApp’s appeal on one key issue — ruling that the company’s data-sharing practices did not amount to “abuse of dominance” under competition law.

At the same time, the CCI had filed a cross-appeal, challenging the tribunal’s decision that permitted WhatsApp to share user data for advertising and commercial purposes.

Government Calls Policy ‘Exploitative’

Representing the Centre, Solicitor General Tushar Mehta strongly criticised WhatsApp’s privacy framework, calling it “exploitative and coercive”, particularly in how user consent is obtained for commercial data usage.

He argued that users are often left with no real choice but to accept the policy if they wish to continue using the platform — a concern that resonated with the Bench.

Court’s Key Observations

The Supreme Court underscored that economic power cannot override constitutional rights, stressing that India’s digital ecosystem must operate within the boundaries of law, transparency, and fairness.

The Bench also highlighted the asymmetry between global tech giants and ordinary Indian users, stating that the judiciary has a duty to shield citizens from corporate overreach.

The matter will continue to be heard, with the court expected to further examine whether WhatsApp’s data-sharing practices violate privacy guarantees and competition norms in India.