HOW META MONETIZES SILENT CONSUMERS AS PRODUCT (SURVEILLANCE CAPITALISM): A CRITICAL ANALYSIS OF "TAKE-IT OR LEAVE-IT" CONSENT PRIVACY POLICY OF WHATSAPP/META

On 3rd February 2026, the Hon'ble Supreme Court of India slammed WhatsApp and its parent company, Meta Platforms, over their privacy policy and unfair data practices. The policy states how Meta is dominating the will of the users and enjoying monopoly status. This policy requires users to accept data sharing as a precondition for continued use of the platform, which is termed a "take-it or leave-it" arrangement. This model is inherently conditional, which violates section 6 of the DPDP Act, 2023, which says consent must be "unconditional." In the case of Meta Platforms Inc. and WhatsApp LLC v. Competition Commission of India and Others, the bench remarked on the policy as a "decent way of committing theft," questioning whether data once shared for a specific purpose loses its value and becomes "free game" for commercial exploitation. The Court observed that for an Indian user, opting out of WhatsApp is "opting out of society." WhatsApp is no longer a private app but a "public utility." This network effect creates a power imbalance that renders the "choice" to accept the term illusory. The SC intervention marks a tectonic shift in India's digital jurisprudence. It transitions the debate from "mere privacy" to the "sanctity of the contract" in the monopolistic digital economy. The Supreme Court remarked, "If you can't follow our Constitution, leave "India"—signaling a new era of "digital sovereignty."