The Supreme Court of India has taken a firm stance against tech giant Meta and its messaging platform WhatsApp, emphasizing that any company operating in India must comply with the country's laws and constitutional protections. During the hearing on WhatsApp’s 2021 privacy policy, the Court warned that compromising users’ privacy would not be tolerated, and companies that fail to follow the law may have to leave India.
Court Issues ‘Leave India’ Warning
On February 3, 2026, Chief Justice Suryakant sharply cautioned the US-based firm:
"You cannot play with the privacy of Indian citizens. We will not allow even a single piece of our data to be shared. If you cannot follow Indian laws, you are free to leave India."
This statement came during a petition challenging WhatsApp’s 2021 privacy policy, which previously resulted in a ₹213 crore fine by the Competition Commission of India (CCI). The National Company Law Appellate Tribunal (NCLAT) had upheld the fine but modified certain restrictions on data sharing.
Data Sharing Policy Sparks Controversy
Solicitor General Tushar Mehta, representing the government, described WhatsApp’s data-sharing practices as exploitative, stating that the company was using users’ personal data for commercial purposes. The Chief Justice responded strongly, reinforcing that companies operating in India must respect the Constitution and cannot compromise citizens’ privacy.
Background of the Case
The case dates back to November 2024, when the CCI found WhatsApp had abused its dominant market position. The commission noted that WhatsApp pressured users into accepting its new privacy policy, making continued access conditional on sharing data with Meta’s other platforms. Consequently, CCI imposed a fine of ₹213 crore. Senior lawyers Mukul Rohatgi and Kapil Sibal informed the court that the company had already paid the penalty.
Legal Journey So Far
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January 2025: Meta and WhatsApp challenged the CCI order in court.
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November 2025: NCLAT lifted the five-year restriction on data sharing but upheld the fine.
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CCI also argued that WhatsApp should not be allowed to share user data for advertising.
The Supreme Court’s recent remarks make it clear that both the government and judiciary are taking a tough stand on tech companies in India. The message is explicit: doing business in India requires full compliance with the law, Constitution, and protection of citizens’ privacy.
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