Admin is not responsible for offensive messages in WhatsApp group; says court

The instant messaging app WhatsApp is widely used around the world. WhatsApp is an effective means of communication and also has a large number of users. In addition to sending photos and videos, many important files are also sent. WhatsApp especially has some groups of relatives, friends and office. This group has many members and also has an admin. The admin is sometimes held responsible for the offensive messages received on the group. However, now the Kerala High Court has given an important decision. The Kerala High Court has ruled that the group admin cannot be held responsible for any offensive messages received in any WhatsApp group. The court has given this big verdict while hearing a case. In March 2020, a video was shared in a WhatsApp group called 'Friends'. It showed young children engaging in sexual activity. This group was also created by the petitioner and he was the admin. The petitioner was accompanied by two other admins, one of whom was an accused.

As an admin, the petitioner was also charged. The petitioners then rushed to the court. The court said that the admin of the WhatsApp group has the sole privilege over other members to decide which member to add or remove from the group. No member has any control over what the group is posting. It cannot moderate or censor messages in any group. According to Judge Kauser Edappagath, Vicarious liability in criminal law can be determined only when there is a provision in the law. Currently there is no such mention in the IT Act. It has been said that WhatsApp admins cannot be mediators under IT law.