"Exit India if you can't': SC reprimands WhatsApp, Meta over data sharing for ads, questions user privacy

The Supreme Court on Tuesday raised serious concerns over the monetisation of user data, sharply criticising WhatsApp and its parent company Meta for sharing user information for targeted advertising. The apex court said such practices go beyond privacy violations and amount to the exploitation of citizens' data.

The court observed that data sharing enables companies to study consumer behaviour, monetise it, and push targeted advertisements. However, it warned that such practices cannot be permitted in India and said a strong message must be sent to Meta and WhatsApp that citizens' privacy cannot be "played with".

Flagging WhatsApp's dominant position in the market, the bench noted that users are left with no real choice — either accept the data-sharing policy or stop using the platform altogether. It added that even judges find such technical privacy policies difficult to understand, making them inherently unfair for ordinary users.

The court also questioned how users often begin seeing advertisements for products soon after mentioning them in WhatsApp conversations, underlining concerns over how user data is being used.

The observations came while hearing petitions filed by Meta and WhatsApp challenging a Competition Commission of India (CCI) order that found the companies guilty of abusing their dominant position through WhatsApp's 2021 privacy policy. The policy allowed user data to be shared with Meta without providing an opt-out option.

While the National Company Law Appellate Tribunal (NCLAT) upheld the CCI's Rs 213 crore penalty, it allowed data sharing to continue. This prompted the CCI to approach the Supreme Court, which is now examining the broader implications of the policy.

Chief Justice Surya Kant issued a stern warning to Meta, stating, "You can't play with privacy. We will not allow you to share a single digit of our data." He added that if the company could not follow India's constitutional framework, it should "exit India".

The bench also questioned whether WhatsApp's privacy policy could be understood by millions of poor and uneducated users. "A poor woman, a roadside vendor, or someone who only speaks Tamil — will they be able to understand this?" the court asked, noting that even judges struggle to comprehend such policies.

Appearing for the government, Solicitor General Tushar Mehta described the policy as "exploitative". The Chief Justice agreed, calling it a form of "theft of private information" and reiterating that citizens' privacy would not be compromised.

The court referred to the Chief Justice's own experience, observing that users often see advertisements related to topics discussed privately on WhatsApp, such as health-related messages sent to doctors.

Senior advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp, countered the allegations by stating that all WhatsApp messages are end-to-end encrypted and cannot be accessed by the company.

All you need to know about the case

The case traces back to November 2024, when the CCI ruled that WhatsApp had forced users to accept the 2021 privacy update due to its dominant market position. It held that continued access to WhatsApp services was made conditional on agreeing to data sharing with other Meta platforms, leading to the imposition of the Rs 213 crore penalty.

Meta and WhatsApp challenged the order in January 2025. In November 2025, the NCLAT lifted a five-year ban on data sharing but upheld the fine, which the companies informed the court has already been deposited.