Can the WhatsApp group admin be held criminally liable for objectionable posts of a group member?

A group administrator has limited power of removing a member of the group or adding other members of the group. 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 of a

Whatsapp group does not have power to regulate, moderate or censor the content before it is posted on the group. But, if a member of the Whatsapp group posts any content, which is actionable under law, such person can be held liable under relevant provisions of law. In the absence of specific penal provision creating vicarious liability, an administrator of a Whatsapp group cannot be held liable for objectionable content posted by a member of a group. A group administrator cannot be held vicariously liable for an act of member of the group, who posts objectionable content, unless it is shown that there was common intention or pre-arranged plan acting in concert pursuant to such plan by such member of a Whatsapp group and the administrator. Common intention cannot be established in a case of Whatsapp service user merely acting as a group administrator. When a person creates a Whatsapp group, he cannot be expected to presume or to have advance knowledge of the criminal acts of the member of the group.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 573 OF 2016

Kishor Chintaman Tarone, Vs The State of Maharashtra,

CORAM : Z.A.HAQ AND AMIT B. BORKAR, JJ.

DATED : 01.03.2021.

Leave a Reply

Draft and Documents Events Interns Latest Updates LexCliq Services

Triplex Keto Gummies Flavorful Gummies For Fast-Acting Weight Loss!

➢ Product Name — Triplex Keto Gummies ➢ Composition — Natural Organic Compound ➢ Side-Effects — NA ➢ Availability — Online ➢ Rating — ⭐⭐⭐⭐⭐ ➢ Official Website (Sale Is Live) — Triplex Keto Gummies ➢VISIT THE OFFICIAL WEBSITE TO BUY TODAY SPECIAL OFFER!! ➢VISIT THE OFFICIAL WEBSITE TO BUY TODAY SPECIAL OFFER!! ➢VISIT THE […]

Read More
Latest Updates

Economist Roubini believes Truss’s policy will lead to the need to ask for help from the IMF

New York University economics professor Nouriel Roubini said on Twitter that the economic policy of the new British Prime Minister Liz Truss will lead to the need to ask for help from the International Monetary Fund. “The UK is starting to have an appreciation as an emerging market. We go back to the 1970s. Stagflation […]

Read More
Latest Updates LexCliq Services Webinars

Quantum Keto Gummies—Price “REVIEWS”,Price & Trial Of Quantum Keto Gummies?

Quantum Keto Gummies ✅ Body switches to ketosis fast ✅ Burns fat instead of carbs ✅ Natural ingredients ✅ No side effects ⭐⭐⭐⭐⭐ Check Price Quantum Keto Gummies:- The weight reduction chewy candies additionally give other wellbeing benefits, for example, improving both physical and profound prosperity. To help individuals in quickly accomplishing their weight decrease […]

Read More