Summary:
Kochi, Feb 24 (PTI) The administrators or creators of a WhatsApp group cannot be held vicariously liable for any objectionable content posted on it by any of its members, the Kerala High Court has held.
The ruling by the high court came while quashing a POCSO case against the admin of a WhatsApp group one of whose members had posted child pornography on it.
The court said that as held by the Bombay and Delhi High Courts, "the only privilege enjoyed by the admin of a WhatsApp group over other members is that he can either add or delete any of the members from the group".
"He does not have physical or any control otherwise over what a member of a group is posting thereon.
He cannot moderate or censor messages in a group.
"Thus, Creator or Administrator of a WhatsApp group, merely acting in that capacity, cannot be vicariously held liable for any objectionable content posted by a member of the group," the Kerala HC said.