New Delhi: The Madurai Bench of the Madras High Court has upheld the Bombay High Court’s decision given earlier this year. whatsapp group admin case. The court held that a WhatsApp Group admin cannot be held liable for objectionable content posted by group members.
Justice GR Swaminathan directed the Karur district police to remove the name of a lawyer, who was the administrator of a WhatsApp group called Karur Lawyers. The bench said that advocate R Rajendra should not be made the face of criminal proceedings if he has only played the role of a group administrator.
The court further said that Rajendran can be held responsible if the police find any other evidence or material against him.
Earlier this year the Bombay High Court gave a ruling that read, “Group admins have limited power to remove a group member or add other group members… , does not have the power to moderate or censor content before it is posted on the group. But, if a member of a WhatsApp group posts any material that is actionable under law, such person shall The admin of a WhatsApp group cannot be held liable for objectionable content posted by a group member in the absence of specific penal provision. For the act of a group member A group administrator cannot be held liable, who posts objectionable content, unless it has been shown that such plan by such member and admin of the WhatsApp group was of general intent or a pre-arranged plan was working ”
In the instant case, some ‘highly objectionable’ posts were shared in a group chat by a member of the Pachaiyappan group. After this incident he was removed from the group and later re-inducted as a member. As a result of this incident, another member of the group, a lawyer also filed a complaint with Thanthonimalai police and a case was registered in August 2020.
Rajendran’s name was also included in the FIR registered and he then moved the High Court to quash the FIR.
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