WhatsApp group admin Liability Case Law

-

Case Laws for WhatsApp Group Admin Liability

“A vicarious criminal liability can be fastened only by reason of a provision of a statute and not otherwise. In the absence of a special penal law creating vicarious liability, an Admin of a WhatsApp group cannot be held liable for the objectionable post by a group member."

a crime was registered against the first accused under Sections 67B (a),(b) and (d) of the Information Technology Act, 2000 and Sections 13, 14 and 15 of the Protection of Children from Sexual Offence Act.

Manual v. State of Kerala [2022]
CRL MC No.3654 of 2021

WhatsApp group admin can’t be held liable for member’s post unless common intention shown held by Bombay High Court :
Alleged Crime was under Section 67 of the IT Act, 2000 (related to obscenity)

Kishor v State of Maharashtra [2021] GCtR 787 (Nagpur, Bombay HC)
01/03/2021 in Criminal Application (APL) 573/2016

"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",

MADRAS High Court Another Judgement 

If the petitioner had played the role of a group administrator alone and nothing else, then while filing final report, the petitioner's name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then of course the petitioner will have to challenge the case only on merits."

R. Rajendran v. The Inspector of Police & Kathirvel

Case No: Crl.O.P.(MD)No.8010 of 2021 & CRL.M.P.(MD)No.4123 of 2021


Adv (Dr.) Prashant Mali
Cyber Law Expert and Author , Lawyer Bombay High Court
Mobile: 9821763157

Comments

Post a Comment

Popular posts from this blog

Consumer Dispute resolution under the Telecom Act 2023

-
Image
The Telecommunications Act of 2023 has strengthened the dispute resolution framework by introducing an online grievance redressal system. The aim is to expedite the resolution of conflicts between telecommunications companies and consumers while ensuring transparency in the redressal process. Following an inquiry, a telecom company found violating license or service terms may incur severe penalties, spectrum holdings cancellation, service restrictions, or even be prohibited from providing telecom services, depending on the seriousness of the breach.  How does the online grievance redressal system operate, and who plays key roles?   An Adjudicating Officer (AO), appointed by the Centre and not below the rank of joint secretary, will conduct inquiries to resolve disputes between telecom service providers and consumers. Additionally, a separate Designated Appeals Committee (DAC) will be formed, consisting of officers at the rank of additional secretaries. Individuals dissatisfie...
Read more

Types of Cyber Attacks

-
Image
Types of Cyber Attacks There are several effective methods for disrupting computer systems. We are talking of a method known as cyber attack, or computer network attack , which uses malicious computer code to disrupt computer processing, or steal data.  A brief description of three different methods are shown here. However, as technology changes, future distinctions between these methods may begin to blur. An attack against computers may be targeted or un-targeted (i) disrupt equipment and hardware reliability, (ii) change processing logic, or (iii) steal or corrupt data. The methods discussed here are chosen based on the technology asset against which each attack mode is directed, and the effects each method can produce. The assets affected or effects produced can sometimes overlap for different attack methods.  Conventional kinetic weapons can be directed against computer equipment, a computer facility, or transmission lines to create a physical attack that ...
Read more

What to do when police does not take your FIR?

-
Image
What to do when FIR is not taken by the Police ? A First Information Report is the first legal document that initiates criminal proceedings. The first information received about the commission of a cognizable offense has to be noted down by a Police Officer. It is called as  First Information Report under Section 154 of CRPC. Cognizable and Non-Cognizable Offences: Cognizable offences  are offences where the police can arrest the accused without any warrant. In such offences, the police can Suo-moto take cognizance of the offence and it does not require any sanction from the court in order to begin the investigation. On the other hand,  Non-Cognizable  offences are those in which police cannot make an arrest without taking prior assent from the court. Schedule I of the Criminal Procedure Code clearly distinguishes which offenses are cognizable and which are not. According to section 154(1) of the Criminal Procedural Code,  an FIR can be filed only in cognizable ...
Read more