Simply liking obscene social media put up no longer an offence: Allahabad HC | Allahabad Information newsfragment

PRAYAGRAJ: The Allahabad top courtroom has held that simply liking an obscene put up on Fb or on any alternative social mediaplatform would no longer represent an offence. Then again, sharing or retweeting this type of put up would quantity to “transmission” underneath Division 67 of the ideas generation (IT) Operate and can thereby draw in penal aftereffects, the courtroom added.
Permitting a petition filed via one Mohd Imran Kazi of Agra, Justice Arun Kumar Singh Deshwal quashed the legal lawsuits pending in opposition to him underneath category 67 of IT Operate and alternative categories of Indian Penal Code (IPC) sooner than the courtroom of eminent judicial Justice of the Peace, Agra, alleging that he preferred someone else’s put up for illegal meeting. The courtroom seen, “It is clear under section 67 of information technology Act that publishing or transmitting obscene material is an offence. A post or message can be said to be published when it is posted, and a post or message can be said to be transmitted when it is shared or retweeted. In the present case, it is alleged that there is material in the case diary showing that the applicant has liked the post of one Farhan Usman for unlawful assembly, but liking a post will not amount to publishing or transmitting the post, therefore, merely liking a post will not attract section 67 IT Act”.
Hour elaborating at the category 67 of IT Operate, the courtroom stated, “Even otherwise section 67 of the IT Act is for obscene material and not for provocative material. Therefore, section 67 IT Act does not prescribe any punishment for other provocative material”.
In regards to the provide case, the courtroom stated, “Tt appears that no message which could be provocative in nature is available on record in the Facebook (account) of the petitioner and merely liking a message published by Chaudhari Farhan Usman will not attract penalty under section 67 of IT Act or any other criminal offence.”
A legal case was once registered in opposition to petitioner Mohd Imran Kazi for being a part of a provocative message on social media which ended in meeting of 700 nation of minority population for arranging a procession with out permission, posing a warning to breach of bliss.




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