Supreme Court Defers Hearing on Meta, WhatsApp Appeals Against CCI Penalty to Feb 23

The Supreme Court on Monday deferred to February 23 the hearing of appeals filed by Meta Platforms Inc and WhatsApp challenging a Competition Commission of India order that imposed a Rs 213.14 crore penalty over privacy policy issues.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N V Anjaria adjourned the matter after being informed that senior advocate Kapil Sibal, appearing for the companies, was unwell. The court also allowed a litigant represented by senior advocate Arvind Datar to be impleaded as a party in the case.

Earlier, on February 3, the apex court had made sharp observations against Meta and WhatsApp, stating that companies cannot play with citizens’ right to privacy. The bench had expressed concern that the platforms were creating a monopoly and misusing private information, particularly highlighting the plight of “silent customers” who may be unaware of the implications of data sharing. It had underscored that protection of citizens’ rights must remain paramount.

The appeals arise from a November 2025 ruling of the National Company Law Appellate Tribunal, which set aside a portion of the CCI order that had restrained WhatsApp from sharing user data for advertising purposes, while upholding the Rs 213 crore penalty. The Supreme Court has also directed that the Ministry of Electronics and Information Technology be impleaded as a party and is currently seized of a cross-appeal by the CCI challenging the NCLAT’s decision on data sharing for advertising.