An administrator of a WhatsApp<\/a> group cannot be held criminally liable for an objectionable post<\/a> by another member of the group, the Nagpur bench of the Bombay High Court<\/a> has held and quashed a case of sexual harassment lodged against a 33-year-old man. The order was passed last month and a copy of it was made available on April 22. 管理员的WhatsApp集团不能负刑事责任讨厌的帖子通过另一个组的成员,那格浦尔的长椅上孟买高等法院一直和撤销的性骚扰提出反对一个33岁的男人。上月订单通过,一份是4月22日。
A division bench headed by Justice Z A Haq and A B Borkar noted that an administrator of a WhatsApp group has only limited powers of adding or deleting members to the group and does not have the power to regulate or censor the content posted in the group.
The court passed its order on an application filed by Kishor Tarone (33), the administrator of a WhatsApp group.
He was seeking to quash the case registered against him in Gondia district in 2016 under Sections 354-A(1)(iv) (making sexually coloured remarks), 509 (insulting the modesty of a woman) and 107 (abetment) of the IPC<\/a> and Section 67 (publishing or transmitting obscene material in electronic form) of the Information Technology Act.
As per the prosecution, Tarone failed to take action against a member of his WhatsApp group who used filthy and indecent language against a woman member in the group.
It was alleged that the applicant, being the group administrator, did not remove or delete the member from the group and also did not asked him to apologise.
The bench in its order said the crux of the matter is whether an administrator of a WhatsApp group can be held criminally liable for objectionable posts made by a member of the group.
Noting the functioning of the messaging service app, the court said, \"Group administrators, as they are generally called, are the ones who create the group by adding or deleting members. Every chat group has one or more administrators.\"
A group administrator has only limited power of removing a member from the group or adding other members to the group, it said.
\"Once the group is created, the functioning of the administrator and that of the members is at par with each other, except the power of adding or deleting members to the group,\" the court said.
\"The administrator of a WhatsApp group does not have the power to regulate, moderate or censor the content before it is posted on the group,\" the HC said.
But, if a member of the group posts any content, which is actionable under law, such a person can be held liable, the court said.
\"In the absence of a special penal provision creating vicarious liability, an administrator of a WhatsApp group cannot be held liable for objectionable content posted by a member of a group unless it is shown that there was common intention or pre-arranged plan,\" the court said in its order.
The HC quashed and set aside the FIR<\/a> lodged against Tarone and the subsequent charge sheet filed against him.<\/p><\/body>","next_sibling":[{"msid":82267761,"title":"Villages in Andhra Pradesh to get unlimited, uninterrupted Internet services: CM","entity_type":"ARTICLE","link":"\/news\/andhra-villages-to-get-unlimited-uninterrupted-internet-services\/82267761","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"82257318","title":"WhatsApp","entity_type":"IMAGES","seopath":"tech\/technology\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court\/whatsapp","category_name":"WhatsApp group admin not liable for objectionable post by other member: High Court","synopsis":false,"thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-32281\/82257318.cms?width=150&height=112","link":"\/image\/tech\/technology\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court\/whatsapp\/82257318"}],"msid":82267840,"entity_type":"ARTICLE","title":"WhatsApp group admin not liable for objectionable post by other member: High Court","synopsis":"The court noted that an administrator of a WhatsApp group has only limited powers of adding or deleting members to the group and does not have the power to regulate or censor the content posted in the group","titleseo":"telecomnews\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":486,"shares":0,"engagementtimems":2121000},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2021-04-27 08:13:59","lastupd":"2021-04-27 08:14:41","breadcrumbTags":["WhatsApp","Bombay high court","WhatsApp groups","Group admin","High Court","objectionable post","ipc","fir","policy"],"secinfo":{"seolocation":"telecomnews\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2021-04-27" data-index="article_1">
台由一个部门公正Z哈克和B博卡指出WhatsApp组的管理员添加或删除成员的有限权力集团和没有监管的权力或审查内容发布。
法院通过了提交的订单在一个应用程序基肖尔Tarone (33), WhatsApp组的管理员。
根据起诉,Tarone未能采取行动反对他的WhatsApp组的成员曾经肮脏、下流的语言对一个女人组中的成员。
据称,申请人,被管理员,不删除或删除组的成员,也没有要求他道歉。
板凳上的顺序说,问题的关键是是否WhatsApp组的管理员可以令人反感的帖子,负刑事责任由该组织的成员。
注意的是消息传递服务的功能应用,法院说,“群管理员,因为他们通常被称为,是那些通过添加或删除成员创建的组。每一组有一个或多个管理员聊天。”
一群管理员只有有限的力量把一个成员从集团或其他成员添加到组。
“一旦创建组,管理员和会员的功能是在与对方,除了添加或删除成员的力量,“法院说。
“WhatsApp组的管理员没有监管的权力,中度或审查的内容贴在前,“HC说。
但是,如果集团成员的帖子内容,可操作的法律下,这样一个人可以承担责任,法院说。
“在缺乏特别刑法规定创建替代责任,WhatsApp组的管理员不能承担反感内容发布的一组的成员,除非它是显示有常见的意图或预先安排的计划,“法院在其顺序表示。
HC撤销并预留冷杉提出对Tarone和随后的案件记录起诉他。
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An administrator of a WhatsApp<\/a> group cannot be held criminally liable for an objectionable post<\/a> by another member of the group, the Nagpur bench of the Bombay High Court<\/a> has held and quashed a case of sexual harassment lodged against a 33-year-old man. The order was passed last month and a copy of it was made available on April 22.
A division bench headed by Justice Z A Haq and A B Borkar noted that an administrator of a WhatsApp group has only limited powers of adding or deleting members to the group and does not have the power to regulate or censor the content posted in the group.
The court passed its order on an application filed by Kishor Tarone (33), the administrator of a WhatsApp group.
He was seeking to quash the case registered against him in Gondia district in 2016 under Sections 354-A(1)(iv) (making sexually coloured remarks), 509 (insulting the modesty of a woman) and 107 (abetment) of the IPC<\/a> and Section 67 (publishing or transmitting obscene material in electronic form) of the Information Technology Act.
As per the prosecution, Tarone failed to take action against a member of his WhatsApp group who used filthy and indecent language against a woman member in the group.
It was alleged that the applicant, being the group administrator, did not remove or delete the member from the group and also did not asked him to apologise.
The bench in its order said the crux of the matter is whether an administrator of a WhatsApp group can be held criminally liable for objectionable posts made by a member of the group.
Noting the functioning of the messaging service app, the court said, \"Group administrators, as they are generally called, are the ones who create the group by adding or deleting members. Every chat group has one or more administrators.\"
A group administrator has only limited power of removing a member from the group or adding other members to the group, it said.
\"Once the group is created, the functioning of the administrator and that of the members is at par with each other, except the power of adding or deleting members to the group,\" the court said.
\"The administrator of a WhatsApp group does not have the power to regulate, moderate or censor the content before it is posted on the group,\" the HC said.
But, if a member of the group posts any content, which is actionable under law, such a person can be held liable, the court said.
\"In the absence of a special penal provision creating vicarious liability, an administrator of a WhatsApp group cannot be held liable for objectionable content posted by a member of a group unless it is shown that there was common intention or pre-arranged plan,\" the court said in its order.
The HC quashed and set aside the FIR<\/a> lodged against Tarone and the subsequent charge sheet filed against him.<\/p><\/body>","next_sibling":[{"msid":82267761,"title":"Villages in Andhra Pradesh to get unlimited, uninterrupted Internet services: CM","entity_type":"ARTICLE","link":"\/news\/andhra-villages-to-get-unlimited-uninterrupted-internet-services\/82267761","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[{"msid":"82257318","title":"WhatsApp","entity_type":"IMAGES","seopath":"tech\/technology\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court\/whatsapp","category_name":"WhatsApp group admin not liable for objectionable post by other member: High Court","synopsis":false,"thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-32281\/82257318.cms?width=150&height=112","link":"\/image\/tech\/technology\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court\/whatsapp\/82257318"}],"msid":82267840,"entity_type":"ARTICLE","title":"WhatsApp group admin not liable for objectionable post by other member: High Court","synopsis":"The court noted that an administrator of a WhatsApp group has only limited powers of adding or deleting members to the group and does not have the power to regulate or censor the content posted in the group","titleseo":"telecomnews\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court","status":"ACTIVE","authors":[],"analytics":{"comments":0,"views":486,"shares":0,"engagementtimems":2121000},"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2021-04-27 08:13:59","lastupd":"2021-04-27 08:14:41","breadcrumbTags":["WhatsApp","Bombay high court","WhatsApp groups","Group admin","High Court","objectionable post","ipc","fir","policy"],"secinfo":{"seolocation":"telecomnews\/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court"}}" data-news_link="//www.iser-br.com/news/whatsapp-group-admin-not-liable-for-objectionable-post-by-other-member-high-court/82267840">
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