The administrators or creators of a WhatsApp group cannot be held vicariously liable for any objectionable content post on it by any of its members, the Kerala High Court has held.
The ruling by the high court came while quashing a POCSO case against the admin of a WhatsApp group one of whose members had post child pornography on it.
The court said that as held by the Bombay and Delhi High Courts, “the only privilege enjoyed by the admin of a WhatsApp group over other members is that he can either add or delete any of the members from the group.
He does not have physical or any control otherwise over what a member of a group is posting thereon.
He cannot moderate or censor messages in a group.
Kerala HC Said :
In the instant matter, the petitioner had create a WhatsApp group call as FRIENDS and he had made two other persons also as admins along with him and one of them post in the group a porn video depicting children engage in sexually explicit act.
As a result, police lodge a crime against that person also the accuse no. 1 under the Information Technology Act and the Protection of Children from Sexual Offence (POCSO) Act.
Subsequently, the petitioner was array as accuse no. 2 and after the investigation was complete, a final report was file before the trial court.
The petitioner, in his plea seeking quashing of the proceedings against him, had contend that even if the entire allegations and the material collect are taken together at their face value, they do not indicate that he commit any offence.
The high court agreed with the contention and Said :
The court also said that there was no law by which an admin of any messaging service can be held liable for a post made by a member of a group.
A WhatsApp Admin cannot bean intermediary under the IT Act.
He does not receive or transmit any record or provide any service with respect to such record.
Kerala HC Said :
It further said that the basic ingredients of the offences alleged “are altogether absent as against the petitioner” and quashed the entire proceedings in the case against him.