Follow the Constitution or leave India: SC issues WhatsApp ultimatum

DELHI: India’s Supreme Court has delivered a stinging reality check to WhatsApp, making it clear that free messaging should not come at the cost of a user’s digital soul. In a heated hearing on Tuesday, the bench took aim at Meta’s 2021 privacy policy, describing the platform’s “take-it-or-leave-it” ultimatum as less of a choice and more of a digital shakedown.

The Court did not mince its words, famously characterising Meta’s data-harvesting tactics as a “decent way of committing theft” of private information. While the tech giant might see data as the new oil, chief justice Surya Kant suggested that the current method of extraction looks a lot like daylight robbery under the guise of an “Accept” button.

The bench was particularly unimpressed by the idea that users have a free choice in the matter. Likening the power dynamic to an agreement between a “Lion and a lamb,” the judges noted that WhatsApp’s massive market dominance effectively forces consent. For millions of Indians, opting out of the app isn’t a simple preference; it is a social and professional exile. The Court noted that users are effectively “addicted” to the service, making any consent gathered under these terms “manufactured” rather than genuine.

In a moment of high drama, the chief justice issued a blunt ultimatum: “If you cannot follow our Constitution, leave India.” The message was clear: commercial interests will not be permitted to bulldoze the fundamental right to privacy.

The Court also took a swipe at the “cleverly crafted” legalese found in the terms of service. It argued that a street vendor or a rural worker should not need a law degree to understand how their data is being traded. The justices dismissed the notion that WhatsApp is a charity, pointing out that while users do not pay in rupees, they pay a heavy price in personal information that Meta later monetises.

As it stands, the Court has handed Meta some serious homework with a very tight deadline. The company must file an affidavit by February 9, giving a firm promise that it will stop sharing user data across its various entities. For now, the message from Delhi is loud and clear: if WhatsApp wants to stay in the conversation, it needs to start respecting the boundaries.