Whatsapp Admin cannot be criminally held liable for objectionable post by a member : Hon. Bombay High Court. : Adv. ROHiT Erande ©

 Whatsapp Admin cannot be criminally held liable for objectionable post by a member : Hon. Bombay High Court. 

Adv. ROHiT Erande ©

Whatsaap has become inevitable in these days. Like any other Technology, it's user makes the Technology good or bad .

WhatsApp has become important platform for sharing of news, info. But last year when the Covid-19 pandemic started, there were few incidents where  a WhatsApp Group admin were arrested for fake news.

The similar question came up before  Hon. Delhi High Court and it was 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.

Recently, Division Bench of Hon. Bombay High Court, comprising of Hon. Z.A. Haq and Hon. Amit B. Borkar, JJ., in the case of (Kishor v. State of Maharashtra, Cri. Application (APL) No. 573 of 2016, decided on 01-03-2021) held that

 A group administrator cannot be held vicariously liable for an act of a member of the group, who posts objectionable content, unless it is shown that there was a common intention or pre-arranged plan acting in concert pursuant to such plan by such member of a Whatsapp group and the administrator.

In the instant case, the FIR mentioned the Applicant - Admin's name as he was the Admin of the group, whereas sexually coloured remark was made by another member.

Failure to remove member and objectionable content does not make Whatsapp Admin., laible.

Non removal of objectionable content and the respective member, by the Admin. does not put the Admin in the shoes of said member nor it would amount to making sexually coloured remarks by the administrator.

But remember that Whatsapp Admin as an invidual can be caught in the clutches of Law if he/she on its own makes such statement which does not fit in the fourt corners of Law.

I feel we should not leave everything on Court and Police, and should resort to our own wisdom. The Freedom of Speech and Expression is certainly a fundamental right under constitution, but it also has reasonable restrictions.

Take Care. 

Thanks and Regards,

Adv. ROHiT ERANDE.©

Pune.