Allahabad HC Says Sharing Obscene Submit On Social Media An Offence No longer Liking newsfragment

The Allahabad Prime Courtroom just lately stated that liking an “obscene” put up on Fb or X (previously Twitter) would now not represent an offence beneath Division 67 of the Knowledge Generation Office. Then again, sharing or reposting such content material would quantity to “transmission” beneath Division 67 of the IT Office and can be punishable.

“A put up or message can also be stated to be revealed when it’s posted, and a put up or message can also be stated to be transmitted when it’s shared or retweeted … Liking a put up won’t quantity to publishing or transmitting the put up, subsequently, simply liking a put up won’t draw in Division 67 IT Office,” the layout stated, as quoted via Bar and Bench.

Justice Arun Kumar Singh Deshwal made the remarks as he quashed the felony complaints pending in opposition to Mohd Imran Kazi of Agra filed beneath division 67 of IT Office and alternative categories of the Indian Penal Code. Kazi was once beneath trial for liking someone else’s put up for illegal meeting.

“I do not find any material which could connect the applicant with any objectionable post, as there is no offensive post available in the Facebook and WhatsApp accounts of the applicant. Therefore, no case is made out against the applicant,” the pass judgement on famous, as quoyed via the scoop company PTI.

He stated regardless that beneath the IT Office transmitting obscene subject matter is an offence, within the provide case “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,” as quoted via PTI. “Even otherwise section 67 of the IT Act is for obscene material and not for provocative material,” the court docket stated.

A felony case was once registered in opposition to petitioner Mohd Imran Kazmi and a fee sheet was once filed in opposition to him for liking “provocative” messages on social media, which resulted within the meeting of about 600-700 individuals belonging to the Muslim society for arranging procession with out permission. The court docket of CJM, Agra, took cognisance of the fee sheet and a non-bailable warrant was once issued  in opposition to him on June 30, 2023.


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