High Court relief to WhatsApp group administrator

High Court relief to WhatsApp group administrator

Directs that the manager be removed as an accused from the chargesheet

The Madras High Court has granted relief to an administrator of a WhatsApp group in a first information report (FIR) registered over offensive messages posted in the group by a member.

The court directed that the group administrator should be removed as an accused from the chargesheet, if the investigation revealed that he had only played the role of an administrator.

The Madurai bench was considering a petition filed by the administrator of a WhatsApp group called 'Karur Lawyers.' The complaint filed by another lawyer, a member of the group, alleged that highly offensive messages that cause ill-feeling between two communities were posted by one of its members. Apart from the member, he had also blamed the administrator.

The bench relied on a previous Bombay High Court judgment, which read that there was no vicarious liability on the group administrator for the objectionable content posted by a member. "When a person creates a WhatsApp group, he cannot be expected to presume or to have advance knowledge of the criminal acts of the members of the group," the Bombay High Court had noted.

Referring to the judgment, the Madras High Court reiterated that an administrator had limited powers of removing the members of the group and adding new members. He did not have the power to regulate, moderate or censor the content posted.

The additional public prosecutor had previously submitted that only a forensic report would reveal if the member or the petitioner posted the message.

The court said that since the forensic report regarding the role of the petitioner was awaited, it was premature to entertain the petition. The police should bear in mind the principles laid down in the Bombay High Court judgment.

Justice G R Swaminathan held, "If the petitioner had played the role of a group administrator alone and nothing else, then while filing the final report, the petitioner's name shall be deleted. If some other material is also gathered by the first respondent so as to implicate the petitioner, then the petitioner will have to challenge the case only on merits."