Supreme Court Defers Meta-WhatsApp Privacy Case to Feb. 23

Overview

• The hearing was pushed to February 23 after counsels cited health issues of senior advocates Kapil Sibal and Mukul Rohatgi.
• A bench led by Chief Justice Surya Kant is hearing Meta and WhatsApp’s appeals against the CCI’s ₹213.14 crore penalty tied to the 2021 privacy policy.
• The court allowed intervention applications, ordered the Ministry of Electronics and Information Technology to be added as a party, and sought short counter‑affidavits before the next date.
• On February 3, the bench warned it would not permit breaches of the privacy of “silent consumers” and likened data sharing to a “decent way of committing theft,” while the companies stressed consent, opt‑out choices, and end‑to‑end encryption.
• The case follows an NCLAT ruling on November 4, 2025 that removed a ban on advertising‑related data sharing but upheld the monetary penalty, with a CCI cross‑appeal also pending.