The Madurai bench of the Madras High Court has reaffirmed the legal position established by the Bombay High Court regarding the liability of WhatsApp group administrators for objectionable content posted by group members.
Legal Precedent
Justice GR Swaminathan cited the case of Kishore v. State of Maharashtra from the Bombay High Court, which concluded that a WhatsApp group admin cannot be held accountable for unlawful content shared by group members unless the admin actively participated in the illegal activity.
Admin’s Liability
The Madras High Court reiterated that a WhatsApp group admin should be removed from the list of accused individuals if they did not play a role in the criminal behavior of group members apart from their administrative duties.
However, the court clarified that if evidence emerges indicating the admin’s complicity in the offense, they may be prosecuted according to the law.
Case Background
The court’s decision stemmed from a petition seeking to quash a First Information Report (FIR) filed against a WhatsApp group admin for the dissemination of offensive messages by a group member. The petitioner argued that as an admin, they cannot be held liable for the actions of individual members.
Allegations and Disposition
The petitioner was accused of colluding with a group member to circulate divisive messages, but the court found no substantial evidence to support these claims. The court disposed of the complaint, emphasizing the precedent set by the Bombay High Court in similar cases.
Bombay High Court Ruling
In the case referenced by the Madras High Court, the Bombay High Court emphasized that a group admin cannot be held vicariously liable for the actions of group members unless there is evidence of a shared intention or pre-arranged plan.
The Bombay High Court highlighted the limited authority of group admins, stating that they cannot be expected to monitor or control the content posted by individual members.
Conclusion
Based on the legal principles established by the Bombay High Court, the Madras High Court ruled that if the petitioner’s role was solely that of a group admin, they should be removed from the chargesheet. This reaffirms the legal protection afforded to WhatsApp group admins against liability for the actions of group members.
