In absence of common intention or pre-arranged plan, admin of a WhatsApp group cannot be held liable for objectionable content posted by a member of such group
In this case, allegations that co-accused used filthy language against informant on WhatsApp group of which accused is an administrator (admin). Despite co-accused using filthy language against an informant, the admin of the WhatsApp group did not take any action against the co-accused, member of the WhatsApp group. It is alleged that the admin of the WhatsApp group neither removed nor deleted co-accused from the WhatsApp group. Also, the admin of the WhatsApp group did not ask the co-accused to submit an apology to the informant, on the contrary, the admin of the WhatsApp group expressed his helplessness.
WhatsApp is an instant messaging platform that can be used for mass communication by opting to create a chat group. A chat group is a feature on WhatsApp which allows joint participation of members of the chat group. Group Administrators, as they are generally called, are ones, who create a group by adding or deleting members to the same. A group administrator has limited power of removing a member of a group or adding other members of the group. Once a group is created, the functioning of the administrator and that of members is at par with each other, except for the power of adding or deleting members to the group. Admin of WhatsApp group does not have the power to regulate, moderate or censor content before it is posted on the group. But if a member of the WhatsApp group posts any content, which is actionable under law, such person can be held liable under relevant provisions of law.
In absence of a specific penal provision creating vicarious liability, the admin of a WhatsApp group cannot be held liable for objectionable content posted by a member of a group.
WhatsApp group admin cannot be held vicariously liable for an act of a member of the group, who posts objectionable content unless it is shown that there was a common intention or pre-arranged plan acting in concert according to such plan by such member of a WhatsApp group and admin.
Common intention cannot be established in the case of WhatsApp service user merely acting as a group administrator. When a person creates a WhatsApp group, he cannot be expected to presume or to have advanced knowledge of criminal acts of the member of the group.
FIR registered against admin of WhatsApp group and consequent proceedings initiated against him are liable to be quashed.
Appearing Counsel/s : Mr.R.M.Daga, Mr.T.A.Mirza, Mr. Sanjay A. Bramhe
