Posts

Showing posts from April 23, 2021

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 Adm