Brijesh Desai 
WhatsApp Meta data-sharing ban battle to Supreme Court India 2026—complies with CCI user consent order, withdraws NCLAT challenge. CJI Surya Kant slams ‘data theft’; ₹213cr fine upheld.
WhatsApp Meta data-sharing ban Supreme Court India 2026 took a dramatic turn February 22 as WhatsApp pledged compliance with CCI’s user-consent mandate, withdrawing its NCLAT challenge while defending the upheld ₹213.14 crore fine amid CJI Surya Kant’s fiery rebuke of the 2021 policy as “decent data theft.” In a packed courtroom, the messaging giant—serving 500 million Indians—backed off interim stays, affirming opt-in frameworks for sharing profile info with Meta siblings like Facebook/Instagram, but vowed to fight the penalty. This saga, rooted in privacy backlash, pits Big Tech’s ad empire against India’s antitrust hammer—global eyes on whether consent truly empowers or remains “take it or leave it” theater.
Case Timeline: From 2021 Policy Fury to SC Showdown
2021 trigger: WhatsApp’s update sparked exodus (40M users fled to Signal/Telegram)—mandatory consent for business chats sharing transaction/profile data with Meta for ads. CCI probed abuse of dominance.
Nov 2024 CCI verdict: ₹213cr fine + 5-year data-share ban (no ad profiling). NCLAT Nov 2025 lifted ban, upheld fine—WhatsApp appealed SC.
Feb 3 SC blast: CJI Kant/Bagchi/Pancholi bench scorched “illusory consent,” “mockery of constitutionalism,” warning rural users’ exploitation. Froze enforcement pending affidavits.
Feb 22 pivot: WhatsApp withdrew stay apps, filed compliance affidavit—opt-in for Meta sharing, no private message reading/selling. SC permits withdrawal; fine challenge lingers.
Kant: “You cannot play with privacy rights… clear message to WhatsApp.”
Stakes: Privacy, Ads, Small Biz Balance
WhatsApp’s defense: Policy optional (non-acceptors lose business features), no chats sold, small biz thrives on signals (cart abandonment reminders). Blanket ban kills commerce—₹10 lakh cr annual WhatsApp Pay.
CCI/NCLAT bite: Dominance (95% market) forces “unreasonable terms.” Consent coercive—migrate or comply. Fine: Meta’s penalty for “exploitative” rollout.
User impact: 500M Indians (rural 60%) get granular controls—toggle ad data share. But Signal/Telegram gain if distrust festers.
Global Ripples: India’s Antitrust as Tech Litmus
India’s ₹1,337cr Google fine (Android monopoly), CCI probes Apple set precedent—data as currency scrutinized. EU GDPR echoes; US FTC watches. Meta’s $5B India ad revenue at risk if profiling curbs bite.
Meta lawyer: “Technical expertise lacking in CCI.” SC lists March—penalty fate hangs.
Battle rages—SC’s gavel could redefine consent. WhatsApp bends but doesn’t break; privacy warriors watch. Data dance continues.