WhatsApp Admin cannot be held liable for fake news posted by others : Adv. ROHiT Erande ©
Virus of Fake News is as dangerous as Corona.
-Adv. ROHiT Erande ©
We all witnessing the battle between Life and Livelihood, thanks to COVID-2019, commonly known as Corona Pandemic. The pandemic has created panicky amongst people and social media has it's share in it.
In these days three rumors are in Top-3 list.
1) Everyone's phones are going to be Tapped. 2) Whatsapp will be shut down as per Hon. Supreme Court's order. & 3) Whatsapp Admin will be arrested for the offending messages.
However the Law says something else, we'll try to study it in nutshell.
Telephone Tapping has not been ordered :
Most of have seen Telephone Tapping in Hindi Movies, but in reality it's not at all easy and it may be done only after going through the Stringent rules and regulations, as envisaged in Indian Telegraph Act. Long back, Hon. Supreme Court in the case of Peoples Union of Civil Liberty V/s. Union of India - AIR 1997 SC 568, has laid down important guidelines, which are applicable even today. It held that, 'right to use Telephone is fundamental right of the Citizens and merely by misusing power and to begin political vendetta against Opposition by resorting to Telephone Tapping with the help of CBI, is unconstitutional'.
WhatsApp Admin's Responsibility..
Whatsaap has become necessary evil in these days. But How can a WhatsApp Group admin can be arrested for fake news ? On this line Hon. Delhi High Court has held that arresting whatsapp admin for fake news tantamount of arresting newspaper manufacturer for any defaming news.
(Ashish Bhalla v/s. Suresh Chowdhary, 2016)
The Apex Court Apex Court has already struck down Sec.66A of IT Act which provided for punishment for forwarding such messages, in the celebrated case of Shreya Singhal V/s Union of India, on 24/05/2015 itself.
Plus the principle of Vicarious Liability is not applicable in Criminal Law, thus I doubt whether Admins can be held responsible.
I feel we should not leave everything on Court and Police and should resort to wisdom.
Now let's move to remaining rumors relating to social media.
It takes me to the recent order dated 31/03/2020 passed by Hon. Apex Court in the case of Alakh Ashok Shrivastava V/s. Union of India. The petition has been filed in relation to welfare steps regarding migrated workers, all over India.
The Supreme Court appreciated the steps taken by Central Govt. to control Corona.
Thier lordship expressed its concern over Fake Messages as few of workers succumbed to fake news.
Fake News and "Supreme" orders : Ignorance of Law is no excuse.
"We are not just fighting an epidemic; we are fighting infodemic. Fake News spreads faster & more easily than this virus, & is as just dangerous"
By referring to above and apt quote of Dr. Tendros Ghebreyesus, the Director General of WHO, the Hon. Apex Court has paved the way for strict action against spreading Fake News U/sec.54 of Disaster Management Act.
The Following further observation is specifically for media
"In Particular, we expect the Media (print, electronic & social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated....."
".. We do not intend to interfere with the free discussion about the pandemic, but direct the media refer to and publish the official version about the developments.."
It also observed that, "It is well known that panic can severely affect mental health. We are informed that the Union of India is conscious of the importance of mental health and the need to calm down those who are in a state of panic."
Thus we and especially the Media should follow the law and most important the wisdom.
It reminds me the famous Doha of Sant Kabirji.
ऐसी वाणी बोलिये,
कोई ना कहे चुप।।
ऐसी जगह बैठिये,
कोई ना बोले उठ।
- संत कबीर
The link of Hon. Supreme Court's order is as under :
https://main.sci.gov.in/supremecourt/2020/10789/10789_2020_0_1_21581_Order_31-Mar-2020.pdf
Thanks and Regards,
Adv. ROHiT ERANDE.©
-Adv. ROHiT Erande ©
We all witnessing the battle between Life and Livelihood, thanks to COVID-2019, commonly known as Corona Pandemic. The pandemic has created panicky amongst people and social media has it's share in it.
In these days three rumors are in Top-3 list.
1) Everyone's phones are going to be Tapped. 2) Whatsapp will be shut down as per Hon. Supreme Court's order. & 3) Whatsapp Admin will be arrested for the offending messages.
However the Law says something else, we'll try to study it in nutshell.
Telephone Tapping has not been ordered :
Most of have seen Telephone Tapping in Hindi Movies, but in reality it's not at all easy and it may be done only after going through the Stringent rules and regulations, as envisaged in Indian Telegraph Act. Long back, Hon. Supreme Court in the case of Peoples Union of Civil Liberty V/s. Union of India - AIR 1997 SC 568, has laid down important guidelines, which are applicable even today. It held that, 'right to use Telephone is fundamental right of the Citizens and merely by misusing power and to begin political vendetta against Opposition by resorting to Telephone Tapping with the help of CBI, is unconstitutional'.
WhatsApp Admin's Responsibility..
Whatsaap has become necessary evil in these days. But How can a WhatsApp Group admin can be arrested for fake news ? On this line Hon. Delhi High Court has held that arresting whatsapp admin for fake news tantamount of arresting newspaper manufacturer for any defaming news.
(Ashish Bhalla v/s. Suresh Chowdhary, 2016)
The Apex Court Apex Court has already struck down Sec.66A of IT Act which provided for punishment for forwarding such messages, in the celebrated case of Shreya Singhal V/s Union of India, on 24/05/2015 itself.
Plus the principle of Vicarious Liability is not applicable in Criminal Law, thus I doubt whether Admins can be held responsible.
I feel we should not leave everything on Court and Police and should resort to wisdom.
Now let's move to remaining rumors relating to social media.
It takes me to the recent order dated 31/03/2020 passed by Hon. Apex Court in the case of Alakh Ashok Shrivastava V/s. Union of India. The petition has been filed in relation to welfare steps regarding migrated workers, all over India.
The Supreme Court appreciated the steps taken by Central Govt. to control Corona.
Thier lordship expressed its concern over Fake Messages as few of workers succumbed to fake news.
Fake News and "Supreme" orders : Ignorance of Law is no excuse.
"We are not just fighting an epidemic; we are fighting infodemic. Fake News spreads faster & more easily than this virus, & is as just dangerous"
By referring to above and apt quote of Dr. Tendros Ghebreyesus, the Director General of WHO, the Hon. Apex Court has paved the way for strict action against spreading Fake News U/sec.54 of Disaster Management Act.
The Following further observation is specifically for media
"In Particular, we expect the Media (print, electronic & social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated....."
".. We do not intend to interfere with the free discussion about the pandemic, but direct the media refer to and publish the official version about the developments.."
It also observed that, "It is well known that panic can severely affect mental health. We are informed that the Union of India is conscious of the importance of mental health and the need to calm down those who are in a state of panic."
Thus we and especially the Media should follow the law and most important the wisdom.
It reminds me the famous Doha of Sant Kabirji.
ऐसी वाणी बोलिये,
कोई ना कहे चुप।।
ऐसी जगह बैठिये,
कोई ना बोले उठ।
- संत कबीर
The link of Hon. Supreme Court's order is as under :
https://main.sci.gov.in/supremecourt/2020/10789/10789_2020_0_1_21581_Order_31-Mar-2020.pdf
Thanks and Regards,
Adv. ROHiT ERANDE.©
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