The Supreme Court has issued a stern warning to Meta and WhatsApp, stating that user data cannot be shared for advertising purposes. The court ordered the filing of an affidavit, failing which the case will be dismissed.
India's Supreme Court on Tuesday issued a strong warning to Meta Platforms and its messaging service WhatsApp. The court clearly stated that WhatsApp user data cannot be shared for advertising. The court directed Meta to file an affidavit within a week, containing a clear undertaking that the company will not use user data for advertising in any way.
Court's Strong Remarks
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, during the hearing, said that if Meta fails to file the affidavit, the case will be dismissed outright. The court said, "We will not allow even a single word of data sharing. This must be absolutely clear."
Questions Raised on Policy Language
The Supreme Court also questioned the language of WhatsApp's 2021 privacy policy. The court said that ordinary users, especially common citizens like a woman selling fruit on the street, cannot understand these terms. The court described the policy as "cleverly drafted" and said that the opt-in and opt-out options are difficult for the general public to understand.
Long-Running Dispute and Fine
This dispute is related to the 2021 privacy policy, in which WhatsApp forced users to share more data with Meta companies. The Competition Commission of India (CCI) had imposed a fine of ₹213.14 crore on Meta and WhatsApp in November 2024. The NCLAT also upheld this fine, although it removed the five-year data sharing restriction. The case is now before the Supreme Court, where the final decision will be made on the extent to which WhatsApp can share user data.
Further Hearing
The Supreme Court has given Meta one week to respond. In the next hearing, the court will decide whether WhatsApp's privacy policy is against the interests of Indian users.
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