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The National Company Law Appellate Tribunal (NCLAT) on Thursday stayed the order of Competition Commission of India (CCI) which had directed WhatsApp to not share data collected on its platforms with Meta company or its products for five years.

NCLAT noted that WhatsApp is free of cost and that a five-year year ban on WhatsApp from sharing user data with Meta may lead to collapse of the business model. NCLAT admitted the matter, after hearing the preliminary submission from both parties on January 16.

NCLAT coram of Chairperson Justice Ashok Bhushan and Technical Member Arun Baroka remarked, "Ban of 5 years may lead to the collapse of business model of WhatsApp LLC since the platform is free. We are of the view that ban of 5 years need to be stayed." 

Commenting on the development, Murugavel Janakiraman, CEO & Founder, Matrimony.com says, "The decision of the NCLAT on Meta’s appeal against the ban imposed by the CCI on WhatsApp’s data sharing policies underscores the limitations of the existing ex-post nature of the competition law and highlights the need for ex-ante regulations. Ex-ante rules restricting ‘data usage’ as proposed in the draft Digital Competition Bill can go a long way in preventing large digital platforms/gatekeepers from abusing their dominant position sometimes even to the disadvantage of the end-users."


The CCI had in November 2024 imposed a penalty of ₹213 crore on Meta for WhatsApp’s 2021 Privacy Policy. The competition regulatory body had restrained WhatsApp from sharing user data with Meta for five years. It also had directed WhatsApp and Meta to “cease and desist” all anti-competitive practices.

WhatsApp’s 2021 Privacy Policy allows for user data to be shared with group cos like Meta, Insta without “opt out” option. 

A Meta spokesperson welcomed the NCLAT’s decision and said the firm will evaluate next steps. “Our focus remains on finding a path forward that supports millions of businesses that depend on our platform for growth and innovation as well as providing high-quality experiences that people expect from WhatsApp.”

NCLAT stressed the need to decide the case at an early date, considering the nature of the issues raised in the appeal. "We grant leave to the parties to complete the necessary reading within six weeks from today. Let's list both the appeals for the hearing on 17th March at 2 pm," NCLAT while listing the matter for hearing on March 25.


NCLAT gives relief to Meta, stays CCI order of five-year ban on WhatsApp data sharing

On Thursday, Meta released a statement claiming that they respect laws and certain business messaging will not be allowed in certain countries including India. The big tech firm claimed that a recent email communication about its policies "lacked precision". Storyboard18 had first broken the story on Meta’s plan to change its policy around gambling and alcohol in India, LATAM and APAC.

The email conversation in reference read, “We are excited to announce that starting August 27, 2024, businesses in India, APAC, and LATAM can onboard the WhatsApp platform for messaging in the following verticals: a) Alcohol b) Over-the-counter products (prescription drugs and medical devices are still prohibited) c) Real Money Gambling.”

The email further states, “Meta’s updated policy now permits these verticals for both promotional/marketing and utility use cases, although WhatsApp Commerce restrictions will still apply.”

Responding to questions sent by Storyboard18, a Meta spokesperson said, "When we set business policies for our service, we respect local laws, and therefore certain business messaging or other types of communication are not going to be allowed in certain countries, including India. The referenced communication lacked that precision that is reflected in our formal policies and documents."

Sources claimed that the new set of policy will be released in the next couple of days with a detailed mention of which countries would be allowed to promote alcohol, gambling and OTC drugs with detailed descriptions. 

However, in a recent development, Kerala Police sent a notice to Google and Meta over apps and ads that are linked to gambling websites and apps. The victims of the scam received messages from gambling operators on WhatsApp. 

Kerala Police has asked Google to remove 60 fake lottery and gambling apps from its Google Play Store. A similar notice has been sent to Meta to remove advertisements of such fake lotteries and gambling platforms from social media platforms such as Facebook, Whatsapp and Instagram managed by it.

<strong>Read More:</strong> <a href="https://www.storyboard18.com/advertising/kerala-police-issues-notice-to-google-meta-over-gambling-advertisements-40229.htm">Kerala police issues notice to Google, Meta over gambling advertisements</a> 

'We respect local laws, email communication lacked precision', says Meta

<strong>MAST</strong>
<strong>Casio India - Live Your Dream</strong>
<strong>Agency: Tribes Communication</strong>

<iframe width="560" height="315" src="https://www.youtube.com/embed/md6M6xmYTjM" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

This commercial is musically brilliant and one cannot help but pay attention. The commercial features 2007 movie Taare Zameen Par’s acclaimed actor Darsheel Safary, who is new to college, and struggles to break the ice with his classmates and is thus seen as a recluse. What makes the advertisement score a ‘Mast’ or thumbs up is its ending, which adds elements of ‘surprise’, when Safary expresses his gratitude in sign language to the crowd who is impressed by his stupendous performance in playing a Casio at a music festival. Overall, the commercial stands out for its terrific storyline which keeps the waning attention of the viewers tightly hooked. 

<strong>MEH</strong>
<strong>Syskaa - Save Kiya Kya</strong>
<strong>Agency: IBD India</strong> 

<iframe width="560" height="315" src="https://www.youtube.com/embed/-3bX2h8JT9k" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

After watching the commercial, the first thought that crosses  our minds is, “Kya Save Kiya?” The ad stars actor and brand ambassador Rajkummar Rao, who is seen in a dual role. The quirkiness of his characters seems to be force fitted, and the campaign’s message does not successfully land. What could have saved the commercial from a ‘Meh’, could have been spinning an interesting story and focusing more on “Energy save kiya”, rather than trying to force fit elements that do not gel with the theme. 

<strong>MAST</strong> 
<strong>WhatsApp</strong> 
<strong>Agency: BBDO India</strong>

<iframe width="560" height="315" src="https://www.youtube.com/embed/EcEZCWyfFCc" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Directed by Prakash Varma, WhatsApp’s new campaign addresses the most critical issue associated with the app - privacy. Through a heart-warming conversation between a father and son virtually over WhatsApp, the former is seen sharing what seems like tips or words of motivation during the half-time of his son’s important football match. Every time they converse, people around them vanish, thus cleverly informing users that the platform has features like end-to-end encryption, two-step verification and hidden online presence that enables the duo to express themselves freely despite being surrounded by crowds in a restaurant or a football stadium. While the jury is still out on the privacy promises of WhatsApp, the campaign is likely to strike the emotional chord of viewers. 

<strong>MEH</strong>
<strong>Policybazaar - MagicCircle</strong>

<iframe width="560" height="315" src="https://www.youtube.com/embed/1bbhtcuewNU" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Fintech platform Policybazaar's new campaign features popular Bollywood villians Gulshan Grover and Shakti Kapoor who are seen encouraging people to become heroes in real life and buy health insurance. The juxtaposition of Bollywood’s ‘bad men’ advising people to not turn into villains seems good on paper but doesn't really translate well onscreen. The ads are dry and the stars are seen basically mumbling the rehearsed script. The spots lack the much needed punch!

<strong>MAST</strong>
<strong>Limca (Coca-Cola India)</strong>
<strong>Agency: Ogilvy</strong>

<iframe width="560" height="315" src="https://www.youtube.com/embed/SbaSUzL-nAE" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

With this new spot, Coca-Cola India has announced their first-ever brand extension for Limca into the hydrating sports drinks category. The new campaign that introduces Limca Sportz, has been conceptualised by Ogilvy. The fact that Olympic javelin champion Neeraj Chopra is the face of the campaign, adds a lot of weight to the spot. A sports star endorsing a sports drink that promises faster rehydration is a perfect match. A Simple and clean screenplay with direct messaging and no beating around the bush makes this 35 second spot a good watch.

<strong>MEH</strong>
<strong>The Sleep Company</strong> 
<strong>Agency: Anomalous</strong>

<iframe width="560" height="315" src="https://www.youtube.com/embed/i8LxzBKORX4" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Anil Kapoor and Jhakkas! Really? Do younger millennials even get that reference? This new spot from The Sleep Company featuring Anil Kapoor who endorses the brand’s new mattress offering that uses SmartGRID technology, looks like caricature content. A young couple is seen complaining about the usual problems that people face after using memory foam such as backaches, difficulty in sleeping, etc. This is when Anil Kapoor jumps into the scene through a window and starts talking about the new product. This is how toothpastes were sold in the early 90s. Basically, this is a very last decade form of storytelling, that according to us, doesn’t work in the dynamic ad scene of present times. 

<strong>MAST</strong> 
<strong>Goodfellows</strong> 

<iframe width="560" height="315" src="https://www.youtube.com/embed/k817RiMGm24" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

This spot narrates the brand message beautifully. True to its purpose, Goodfellows, a startup that provides companionship services to senior citizens, has detailed some harsh truths in subtle ways. An elderly woman is seen talking to someone about her day over a call. She said it was a good day because she got up at ease. We then see her apply a generous amount of Jai Kajal. If you are a boomer, a xennial, or a millennial, you would have definitely seen this green compact box of kohl on a dressing table at some point in your life. She then carries on with her routine - morning puja, a cup of adrak wali chai, a small walk at home, and a carrom session with herself, where she wishes for someone to keep her company. In the next scene, there is a young girl, a representative from Goodfellows, at the woman’s doorstep, who then gives her company in all her daily activities. They make chai together, take walks, laugh and play carrom together. The film ends with a beautiful line, companionship means different things to different people. It’s a gentle reminder to all of us to be around our elderly family members whenever we can because all they want is company. It’s the subtlety of the film that got us. 

<strong>MEH</strong>
<strong>Sleepy Owl - Your Loss</strong> 
<strong>Agency: In-House</strong> 

<iframe width="560" height="315" src="https://www.youtube.com/embed/GbjqeIfFdrg" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

<iframe width="560" height="315" src="https://www.youtube.com/embed/7t-apxQmiSE" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

Seems like the team that worked on this campaign was highly caffeinated. In the multiple ad spots, the sleepy owl, twerks, lazes around and shops, after saying that it is the viewer’s loss if they haven’t picked up and consumed coffee from the company. The brand seems to be trying really hard to be irreverent. In one of the spots, the sleepy owl also mentions that nobody cares where the coffee beans come from. That hit the wrong nerve for many viewers. At a time when brands are vocal for local and sourcing sustainably matters, here’s a brand that promotes good produce but decides to take a different line of communication in its ads. The real sleep owl should return after a nap.

<strong>MAST</strong>
<strong>Tinder -  We Need To Talk</strong>
<strong>Creative Partners - Directed by Sonam Nair. Conceptualized in collaboration with The Script Room & Shivani Gairola</strong>

<iframe width="560" height="315" src="https://www.youtube.com/embed/xO2r8wVDp44" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

At a time when brands are scripting 30-second ad films to make their point loud and clear, here's a brand that took over 8 minutes and didn't rush to address an important topic. Tinder India's latest communication piece 'We Need To Talk' is insight-driven. According to a recent survey, 65 percent of young adults in India don’t know how to give consent, how to ask for it or how to withdraw consent when dating someone. In a country where talking about sex is taboo, the dating app wants adults to know all about consent. That's the first step to talking about things never discussed IRL (in real life). The film showcases different people and their take on consent through their life episodes. We swipe right on this ad.



Mast & Meh: Tinder, The Sleep Company, Sleepy Owl, WhatsApp, Limca

Meta and an e-commerce venture between India’s Reliance Retail and Jio Platforms are all set to bring grocery shopping to WhatsApp. Touted as a global-first end-to-end shopping experience on the popular instant messaging platform, the launch has been tested since the last two years.
 
Users in India can start shopping on JioMart via WhatsApp by simply sending ‘Hi’ to the JioMart number on WhatsApp.

Mukesh Ambani, chairman and managing director, Reliance Industries says, “Mark (Zuckerberg) and I shared a vision of bringing more people and businesses online and creating truly innovative solutions that will add convenience to the daily lives of every Indian. The JioMart on WhatsApp experience furthers our commitment of enabling a simple and convenient way of online shopping to millions of Indians.”

JioMart on WhatsApp will enable people in India, including those who have never shopped online before, to seamlessly browse through JioMart’s entire grocery catalog. Shoppers can add items to their cart and make a payment to complete the purchase — all without leaving the WhatsApp chat.
 
WhatsApp, which is used by about half a billion Indians each month, got the approval to extend its UPI-powered payments service to 100 million users in the country earlier this year after several delays. If the shopping experience picks up then it could be a major revenue source for WhatsApp which has largely avoided serving ads to app users.

“Excited to launch our partnership with JioMart in India. This is our first-ever end-to-end shopping experience on WhatsApp -- people can now buy groceries from JioMart right in a chat. Business messaging is an area with real momentum and chat-based experiences like this will be the go-to way people and businesses communicate in the years to come,” says Meta CEO Mark Zuckerberg in a statement.

 

How Meta and JioMart plan to disrupt grocery shopping with WhatsApp

<span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start"><span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start">﻿</span>﻿</span>Meta-owned messaging platform WhatsApp launched a user-safety campaign - titled ‘Scam Se Bacho’.

‘Scam Se Bacho’ is the brand's take on a classic Hindi song - ‘Aye Bhai, Zara Dekh Ke Chalo’. The music video and new lyrics demonstrate real-life situations in which individuals could be scammed and reinforce the message of staying safe and exercising caution while making digital payments.

<iframe width="560" height="315" src="https://www.youtube.com/embed/LyjKgriPOkU" title="Stay safe with payments on WhatsApp." frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

It is conceptualized by BBDO India and directed by Shimit Amin, an Indian film director and editor known for award-winning films like Chak De! India.

Manesh Mahatme, director - payments, WhatsApp India, said, “While UPI continues to remain one of the safest, convenient and interoperable modes of making payments, India’s growing acceptance of online payments has also seen an increase in digital payment frauds." He added: "user safety is at the core of everything we do at WhatsApp."

Talking about the campaign, Avinash Pant, Director - Marketing at Meta India, said, “Through this campaign, which is built on several real world scenarios that people face in their everyday life, our endeavour is to educate and empower users with all the information they need to safeguard themselves against any frauds while making digital payments."

Indian ad veteran Josy Paul, who is chair and chief creative officer, BBDO India, said that the primary goal with this music video was to spread awareness and engage the audience sensitively on this subject." He said about the creative treatment, "We decided to create entertainment that educates, rather than advertising. Our goal of reworking a fun nostalgic song like ‘Dekh ke Chalo’ was to use the power of music to convey a strong message that’ll help people relate to the moments that we collectively face in our lives. The song triggers memory structures that allow the audience to receive the message more easily. We hope it will echo with people to be more aware the next time."<span data-mce-type="bookmark" style="display: inline-block; width: 0px; overflow: hidden; line-height: 0;" class="mce_SELRES_start">﻿</span>

Why did WhatsApp use a classic Hindi song for its user-safety campaign ‘Scam Se Bacho’

WHATSAPP