Kerala High Court's Decision on WhatsApp Group, Admin not Responsible for Objectionable Messages
The Kerala High Court has given an important decision related to WhatsApp Group, which can be a relief for the Group Admin. The High Court has said in one of its decisions that the group administrator will not be indirectly responsible for any objectionable message coming in WhatsApp Group. The Kerala High Court has said in its decision that the group admin will not be indirectly responsible for any objectionable message coming in any WhatsApp group. The court has given this decision after hearing a case.
The Kerala High Court has given this decision on the objectionable video shared in the WhatsApp group. In March 2020, an objectionable video was shared in a WhatsApp group named 'Friends', showing children involved in sexual acts. Actually, a person created the group called ‘Friends’, and two other persons were made admins of the group. One of these individuals shared an inappropriate video in the group, which involved children. Sections 67B (a), (b), and (d) of the Information Technology Act of 2000, as well as sections 13, 14, and 15 of the Protection of Children from Sexual Offenses Act, were used to to file charges against the first accused. After this, the police registered a case under the POCSO Act against the person who posted the video along with the first person (who had formed the group). After this, the group admin appealed in the court.
Kerala High Court
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The court said that the WhatsApp group administrator has only one special right, in comparison with other members, to add or remove someone from the group. The Kerala High Court said in its decision, the admin has no control over what any member is posting in the group. He is unable to censor or moderate the group's messages. As a result, the court stated that the admin or creator of a WhatsApp group, acting solely in that role, cannot be held accountable for any objectionable content shared by any member of the group.
