WHATSAPP GROUP ADMIN CANNOT BE HELD LIABLE FOR ANY CONTENT POSTED BY A MEMBER OF THE WHATSAPP GROUP - BOMBAY HC

26th April 2021

The Nagpur Bench of Bombay HC - A WhatsApp group admin cannot be held responsible for any content posted by a member of the WhatsApp group. The Bench passed this order while quashing an FIR and a charge sheet against a WhatsApp group admin accused under sections 354-A(1)(iv), 509 and 107 of IPC and section 67 of the IT Act.

FACTS

An FIR was registered against the applicant and another (accused No.1) that the accused No.1 used filthy language against the non-applicant on the WhatsApp group. Being the admin of a WhatsApp group, the applicant did not take any action against the accused No.1, nor did he remove accused No.1 from the WhatsApp group.

DECISION

The Administrator of a Whatsapp group doesn't have the facility to regulate or censor the content before posting on the group. A group administrator cannot be held vicariously liable for an act of a group member, content unless it is shown that there was a common intention. Non-removal of a member by the admin of a Whatsapp group or failure to seek an apology from a member, who had posted the objectionable remark, wouldn't amount to creating sexually coloured remarks by the administrator.

Author: Papiha Ghoshal

Pc - Orissa post