Supreme Court Slams WhatsApp, Meta Over "Mockery of Constitutionalism"

On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) upheld the CCI's penalty but partially allowed data sharing for advertising purposes, reversing a five-year ban imposed by the regulator. Subsequently, on December 15, 2025, a clarification was issued mandating that while advertising-related data sharing may continue, all data sharing, both advertising and non-advertising, must provide users with clear opt-out rights.

A Bench led by Chief Justice of India Surya Kant, while hearing appeals filed by WhatsApp and Meta, as well as a separate appeal by the CCI challenging one of the NCLAT findings, said:

"We will not allow to share a single piece of information. You can't play with the right to privacy in this country."

Calling the practice a "mockery of constitutionalism," the Court questioned how consent could be considered valid when users are effectively forced to accept the policy on a "take it or leave it" basis. Justice Joymalya Bagchi observed that what had been held against the companies was that the consent obtained was "manufactured consent."

The Bench also raised concerns about the effectiveness of opt-out mechanisms, noting that a street vendor or a person placed in a remote area in Tamil Nadu or in Bihar may not understand the "crafty language" used in privacy policies. The Court remarked that consumers were being commercially exploited and described silent consumers as victims of the system with "no voice".

The Court further observed that users have been made "addicted" on such platforms and that the real choice was not whether they were warned, but whether they were compelled to accept the terms or walk away from the service.

Emphasising that the right to privacy cannot be compromised, the Bench asserted that it would not allow the rights of any citizen to be violated.

"This is a decent way of committing theft on the privacy of the country. Right to privacy is so zealously protected in this country, we will not allow you to violate it", the CJI said.

The Court posted the matter for the purpose of issuing interim directions on February 9.

"On the joint request made by senior counsels, the Union of India is impleaded as respondents. Union may also file its counter affidavit", the Court said in its order.

- ANI