Court and regulator actions on WhatsApp’s data sharing, privacy policy, and AI-related API restrictions

WhatsApp remains under intense global scrutiny as regulatory and judicial bodies intensify their examination of the platform’s data sharing, privacy policies, and AI-related API restrictions. Recent developments in India and Africa further amplify the regulatory pressures on Meta, highlighting ongoing challenges around user consent, digital sovereignty, and competition fairness in AI-driven messaging services.

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India’s Supreme Court Weighs Meta’s Challenge to ₹213 Crore Penalty and Privacy Directives

In a pivotal moment for digital privacy and AI governance, the Supreme Court of India is actively hearing Meta and WhatsApp’s appeals against a ₹213 crore penalty imposed for alleged breaches of privacy and data sharing norms. The penalty and accompanying orders originated from the Competition Commission of India (CCI) and were upheld by the National Company Law Appellate Tribunal (NCLAT), which mandated WhatsApp to:

• Implement robust user-consent mechanisms specifically targeting the use of conversational data for AI training and analytics.
• Extend stringent privacy safeguards to include data used in advertising and business communication contexts on WhatsApp.
• Meet full compliance by the March 16, 2026 deadline, underscoring India’s firm stance on enhancing user control over personal data amid rapid digital expansion.

During recent Supreme Court proceedings, Meta and WhatsApp reiterated their commitment to these mandates, stressing that they do not share user data arbitrarily and that all data practices align with legal and regulatory expectations. WhatsApp’s legal representatives emphasized the platform’s efforts to incorporate transparent consent flows and user choice, particularly regarding AI applications and targeted advertising.

This case is emblematic of India’s broader strategic focus on data sovereignty, platform accountability, and ethical AI deployment. The Supreme Court’s forthcoming decision is expected to shape India’s digital policy landscape profoundly, potentially setting a global benchmark for AI governance and privacy protection within messaging platforms.

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COMESA Launches Antitrust Investigation into WhatsApp’s AI Interoperability Practices

Across the African continent, regulatory attention has converged on Meta’s management of WhatsApp’s AI ecosystem. The Common Market for Eastern and Southern Africa (COMESA) has initiated a formal antitrust probe into allegations that Meta’s restrictions on WhatsApp’s AI APIs:

• Inhibit local innovation by preventing third-party developers from interoperating freely with WhatsApp’s AI functionalities.
• Undermine ongoing digital sovereignty efforts by African nations striving for greater control over their digital infrastructure and data.
• Potentially constitute market abuse, leveraging WhatsApp’s dominant messaging platform position to impose unfair AI terms and conditions on regional market participants.

The investigation follows complaints submitted by advocacy groups including AdLegal, which argue that Meta’s AI interoperability policies resemble anti-competitive behavior seen in other global jurisdictions. The COMESA Competition Commission (CCCC) stated it has “reasonable cause to suspect” that Meta is exploiting its market dominance to the detriment of fair competition and equitable access to AI technologies.

This probe highlights a distinctly African regulatory approach that prioritizes regional autonomy and equitable technological development, contrasting with Western models that focus heavily on privacy and data protection. The outcome could influence how global tech giants negotiate AI governance and platform access conditions in emerging markets, possibly prompting new frameworks for AI interoperability and competition oversight.

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Broader Global Enforcement Context: EU, UK, and US Actions Complement Regional Efforts

These regional developments form part of an expanding global enforcement landscape targeting Meta’s AI and data practices on WhatsApp:

• The European Union recently imposed a record €225 million GDPR fine on WhatsApp for failing to implement adequate consent mechanisms related to AI features.
• Under the EU Digital Markets Act (DMA), WhatsApp must open certain AI platform components to vetted third-party chatbots while maintaining end-to-end encryption (E2EE), balancing innovation with security.
• Regulators in the UK and US continue pushing for explicit user consent, transparency in AI-driven advertising, and enhanced safety standards in chatbot interactions.

Together, these multifaceted regulatory actions underscore the complex challenges Meta faces in aligning its platform operations with diverse legal frameworks that emphasize privacy rights, user agency, and competitive fairness.

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Implications and Future Outlook

The ongoing judicial and regulatory proceedings in India and Africa, alongside broader global enforcement efforts, are poised to redefine the operational landscape for WhatsApp and other AI-powered messaging platforms. Key implications include:

• User-Consent Frameworks: India’s Supreme Court rulings could mandate more granular and enforceable consent mechanisms, especially concerning AI conversational data and advertising.
• AI Interoperability and Market Fairness: The COMESA investigation may set precedents for how dominant platforms negotiate API access in emerging markets, fostering environments conducive to local innovation and digital sovereignty.
• Global Precedents for AI Governance: Outcomes from these cases will likely influence regulatory approaches worldwide, informing legislation on AI ethics, data protection, and competition in platform ecosystems.

Meta’s navigation of these challenges will be closely watched as a bellwether for how major tech companies balance innovation ambitions with increasing demands for privacy, transparency, and accountability. The evolving legal verdicts and regulatory decisions will shape not only WhatsApp’s future but also broader standards for AI integration in communication platforms globally.

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Summary of Current Status:

• India’s Supreme Court is actively reviewing Meta’s challenge to a ₹213 crore penalty and accompanying CCI/NCLAT orders, with WhatsApp pledging full compliance by March 16, 2026.
• COMESA has formally opened an antitrust investigation into Meta’s WhatsApp AI interoperability policies following complaints about unfair competition and digital sovereignty concerns.
• These cases exist within a global enforcement mosaic, including EU GDPR fines and DMA mandates, as well as regulatory scrutiny in the UK and US.
• The outcomes will have lasting impact on user consent models, AI API access, and competitive dynamics in digital messaging markets worldwide.

WhatsApp’s ongoing engagement with these judicial and regulatory processes will serve as a critical test of how large platforms can responsibly govern AI and data use while fostering innovation and respecting user rights in diverse regulatory environments.