WhatsApp group admin can't be held liable for offensive posts by other members : HC

The ruling was issued by a Division Bench headed by Justice ZA Haq and AB Borkar while hearing a case of sexual harassment filed against a 33-year-old man.

Quashing the case, the bench noted that the administrator of a WhatsApp group has limited powers of adding or removing members from a group and does not have power to regulate or censor the content posted in the group.

The order was issued last month and its copy was made available on April 22.

According to media reports, one Kishore Tarone had approached the court seeking its directive to dispose of a case registered against him in Gondia district in 2016.

The prosecution had alleged that 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 Tarone despite being the group administrator did not remove or delete the member from the group and did not ask him to apologise.

The Bench, however, said that the crux of the matter was whether a WhatsApp group administrator can be held criminally liable for objectionable posts made by other members in the group.

It said that WhatsApp doesn't allow an administrator of a group to regulate or moderate posts in the group.

It also said that in the absence of a special penal provision creating vicarious liability, an administrator of a WhatsApp group cannot be held liable for the same.