WhatsApp Group Admin Cannot be Booked For Member’s Post If There is no Common Intention, Rules Bombay High Court
The Nagpur Bench of Bombay High Court ruled that unless there was a “common intention” or a “pre-planned plan” a WhatsApp group administrator could not be held liable for objectionable content posted by a member of the group.
Mumbai, April 26: The Nagpur Bench of Bombay High Court ruled that unless there was a “common intention” or a “pre-planned plan” a WhatsApp group administrator could not be held liable for objectionable content posted by a member of the group. The judgment was passed by the division bench of Justice ZA Haq and Justice Amit B Borkar.
The court was hearing a case against an administrator of a WhatsApp group in July 2016 for not taking action against a group member who used “filthy” and “indecent” language against a woman in the group. The member of the WhatsApp group was also named in the FIR. The bench quashed the FIR against the 33-year-old administrator of the WhatsApp group. Bombay High Court Grants Probate For Execution of Deceased Woman's Will 31 Years After Plea in Court.
The chargesheet was filed against the WhatsApp group admin before the magistrate in Gondia district in this regard in 2016. The bench ruled the verdict last month. The WhatsApp group administrator Kishor Chintaman Tarone had filed a criminal application before the Bombay High Court, challenging the FIR and chargesheet registered against him. WhatsApp Privacy Update: After India, Brazil Targets Upcoming Messaging App's New Privacy Policy Update.
“Once the group is created, the functioning of the administrator and that of the members is at par with each other, except the power of adding or deleting members to the group. The administrator does not have power to regulate, moderate or censor the content before it is posted on the group,” reported the Indian Express quoting the bench as saying.
The bench further added that if a member of a group posts any content, which is actionable under law, such person can be held liable under relevant provisions of law. While ruling the verdict, the bench said that “common intention” could not be established in the case as the user was merely acting as a group admin.
(The above story first appeared on LatestLY on Apr 26, 2021 01:50 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).