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‘Follow the Constitution or Leave’: Supreme Court’s Stern Warning to Meta Over WhatsApp Privacy Policy

In a significant development for digital rights in India, the Supreme Court issued a scathing ultimatum to Meta on Tuesday. During a hearing regarding WhatsApp’s controversial 2021 privacy policy, a bench led by Chief Justice Surya Kant made it clear that global tech giants must align with Indian law or exit the market.

“Not a Single Digit of Data”

The Supreme Court’s remarks came as it reviewed the long-standing dispute over how WhatsApp shares user data with its parent company, Meta. Chief Justice Surya Kant delivered a direct warning to the US-based firm:

“If you can’t follow our Constitution, then leave India. We won’t allow any citizen’s privacy to be compromised. You can’t play with privacy… we will not allow you to share a single digit of our data.”

Government’s Stand on Data Exploitation

Solicitor General Tushar Mehta, representing the government, labeled the current policy as “exploitative.” He argued that the policy essentially forces users to agree to have their personal data shared for commercial and targeted advertising purposes, leaving them with little choice if they wish to continue using the essential communication platform.

The Legal Context

The 2021 policy has been under the scanner for years, with critics arguing it violates the “Right to Privacy”—which the Supreme Court previously declared a fundamental right under the Indian Constitution. The court’s latest stance reinforces India’s growing assertiveness in regulating Big Tech and ensuring that commercial interests do not supersede the constitutional rights of its citizens.


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