New Delhi, 03 February (H.S.): The Supreme Court of India lambasted Meta and WhatsApp during appeals against a ₹213.14 crore Competition Commission of India (CCI) penalty on Tuesday, asserting that technology giants cannot undermine fundamental privacy rights under the guise of data monetization.

Justices Joymalya Bagchi and Vipul M. Pancholi joined Chief Justice Surya Kant in decrying the take-it-or-leave-it policy that coerced users into consenting to share personal data with Meta entities as a precondition for app access. The court emphasized Article 21 protections, directing MeitY's inclusion to address regulatory overlaps amid the Digital Personal Data Protection Act's implementation.

The appeals challenge NCLAT's November 2025 ruling upholding CCI's 2024 abuse-of-dominance findings under Sections 4 and 19 of the Competition Act—stemming from WhatsApp's policy enabling unprecedented data transfers to Meta for advertising absent user opt-outs. NCLAT sustained the penalty while overturning advertising leverage claims, mandating transparent disclosures and opt-out mechanisms within three months.

The bench scheduled February 9 for interim relief, scrutinizing remedial directives like barring non-service-related data sharing as access conditions. This follows CCI's November 2024 order identifying coercive consent, contrasting European opt-out privileges unavailable to Indian users.

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Hindusthan Samachar / Jun Sarkar