Liking Obscene Posts Not an Offence, Sharing Is: Allahabad HC

Liking Obscene Posts Not an Offence, Sharing Is: Allahabad HC

VoM News Desk | October 28, 2023 | 12:08 AM IST | Breaking News, Courts & Law | Follow on Google News

Liking Obscene Posts Not an Offence, Sharing Is: Allahabad HC

Liking Obscene Posts Not an Offence, Sharing Is: Allahabad HC

The Allahabad High Court has recently ruled that liking an “obscene” post on social media does not constitute an offence, but sharing or reposting such content will lead to legal consequences. The court’s observations clarified the distinction, stating that sharing an offensive post would qualify as “transmission” under Section 67 of the Information Technology (IT) Act and would be subject to penalties.

In a case involving Mohd Imran Kazi from Agra, the court quashed the criminal proceedings against him. He had been charged under Section 67 of the IT Act and other sections of the Indian Penal Code for liking another person’s post related to unlawful assembly.

The judge noted that there was no material connecting the applicant to any objectionable post, as no offensive post was found on his Facebook and WhatsApp accounts. Consequently, the judge ruled that no case could be established against the applicant.

The court further clarified that while the IT Act criminalizes the transmission of obscene material, merely liking a post does not qualify as publishing or transmitting the post. Additionally, the court highlighted that Section 67 of the IT Act pertains to obscene material, not provocative content.

The case against Mohd Imran Kazmi had been initiated for liking “provocative” messages on social media, which led to the assembly of a group of individuals without proper permission. The court’s decision provides a legal interpretation regarding the distinction between liking and sharing content on social media platforms in relation to potential legal consequences.

VoM News Desk

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