“Exit India if you can’t”: Chief Justice warns Meta over WhatsApp Privacy Policy
The Supreme Court on Tuesday sharply reprimanded Meta over WhatsApp’s privacy policy. Chief Justice Surya led a bench that told the US tech giant, “You can’t play with privacy… we will not allow you to share a single digit of our data.” The court stressed that it would not tolerate exploitation of Indian citizens.
The hearing focused on WhatsApp’s 2021 privacy update. This update required users to allow data sharing across Meta platforms. Earlier, the Competition Commission of India (CCI) imposed a Rs 213 crore fine on Meta for forcing users to accept the new terms. A company law tribunal upheld the fine but allowed some data-sharing practices, stating there was no “abuse of power.”
Solicitor General Tushar Mehta represented the government. He criticized the policy as “exploitative” because it shared user data for commercial purposes. In response, Chief Justice Surya said, “If you can’t follow our Constitution, leave India. We won’t allow citizens’ privacy to be compromised.”
The court questioned whether ordinary Indians could understand WhatsApp’s policy. It highlighted rural users and people with limited literacy. “A poor woman, a roadside vendor, or someone who only speaks Tamil… will they be able to understand this policy?” the bench asked. The judges noted that even legal experts struggle to comprehend the terms. They called the opt-out clause ineffective and warned it could amount to theft of private information.
The Chief Justice gave a concrete example. “If a message goes to a doctor saying you feel unwell and the doctor sends a prescription, you immediately start seeing ads,” he said. The remark illustrated how private data could become a commercial tool.
Meta’s legal team, led by Senior Advocates Mukul Rohatgi and Akhil Sibal, argued that WhatsApp messages remain end-to-end encrypted. They said the company cannot read user messages. Despite this, the court remained critical of the policy’s clarity and accessibility.
The case traces back to November 2024, when the CCI ruled that WhatsApp leveraged its market dominance to push users into accepting the new policy. The regulator opposed WhatsApp’s approach that continued access to messaging required data sharing with other Meta apps. Consequently, the Rs 213 crore penalty was imposed, which Meta has paid.
In January 2025, Meta and WhatsApp challenged the penalty. The tribunal, in November 2025, lifted a five-year restriction on data sharing while upholding the fine. The Supreme Court is now scrutinizing both the policy and the tribunal’s ruling.
The court’s remarks signal strict oversight on foreign tech companies operating in India. Observers say the judgment emphasizes protecting privacy over commercial interests. With rising awareness about digital rights, Meta and WhatsApp face mounting pressure to clarify and simplify their policies.
The hearing continues as the bench evaluates whether the platform’s practices align with Indian law. Citizens, privacy advocates, and legal experts await the final verdict, which could reshape how global tech companies operate in India.
