WhatsApp Group Admin Not Responsible For Messages, Says Madras High Court

A lot goes on in literally any WhatsApp group, especially if its members are active. From messages that may not sit well with a particular person to sometimes the wrong forward - anything can happen on a WhatsApp group, especially if you don't know all the participants personally.

Now, the Madras High Court has ruled that a WhatsApp group admin is not responsible for the content that is posted on it. This means that WhatsApp group admins can't be held liable for objectionable content posted on a group.

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Based on a previous hearing

Earlier, the Bombay High Court had said the same in the case Kishore v. State Maharashtra. Now, the sentiment has been reiterated by Justice GR Swaminathan of the Madurai Bench at the Madras High Court.

The Bombay High Court had noted how the admin of a WhatsApp group only has the power to add or remove group members and might not always know or expect the content that is posted on a WhatsApp group.

Also read: WhatsApp Will Let You Upload Media As Status Update While Sharing Over DM

The Court however added that if any material shows the admin being involved in the crime, they may be tried according to law. The order was given on a plea that sought to cancel a First Information Report (FIR) against the group admin after offensive messages were shared by one of the members that cause stir tensions between two communities.

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Madras High Court referred to the Bombay High Court hearing which stated that "a group administrator cannot be held vicariously liable for an act of a member of the group, who posts objectionable content unless it is shown that there was a common intention or pre-arranged plan acting in concert pursuant to such plan by such member of a WhatsApp group and the administrator."

Also read: WhatsApp Beta Brings Animated Heart Emoji Just In Time For Christmas Messages

Based on this, the Madras High Court judge said that if the petitioner's only role was of a group admin, then their name ought to removed from the charge sheet.

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What do you think - should WhatsApp group admins be held responsible for what gets posted? Let us know in the comments below. For more in the world of tech and science, keep reading Indiatimes.com.

Citation

Rabbani, S. (2021b, December 27). Madras High Court reaffirms that WhatsApp group admin isnĄ¯t liable for a memberĄ¯s posts. Business Insider.