LAWS(KER)-2022-2-83

MANUAL Vs. STATE OF KERALA

Decided On February 23, 2022
MANUAL Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Is the Creator or Administrator of a WhatsApp group criminally liable for offensive content posted by a group member?

(2.) Gone are the days, when we used short message service or a formal website chat-box to communicate with our kith and kin. They were replaced by personalised messaging apps like WhatsApp, Facebook Messenger, Viber etc. Launched in 2009, WhatsApp is a relatively latecomer to social media. Yet, it is reported to be growing faster than other social media platforms especially in recent years. According to the official note of WhatsApp, it serves more than 2 billion people in over 180 countries, with over a billion daily active users. Recent data shows WhatsApp topped the list of the most popular global mobile messaging apps in 2021. Currently, more than 100 billion messages are sent each day on WhatsApp, making it the most active messaging app in the world. This Android based multiplatform messaging app lets its users to make video and voice calls, send text messages, share their status, photos, videos and more - with no fees or subscriptions.

(3.) WhatsApp has proved its relevance in exchange of information very fast. One of the unique features of this application is that it also enables formation of groups of people to chat and call thereon. WhatsApp groups bring together several people on a common platform, thereby enabling easier communication amongst them. The person who creates WhatsApp group is called Administrator (Admin) of the group. He may also make other members of group as Group Admin. These Admin/s have certain powers bestowed upon i.e., adding/removing a member etc. Due to lack of moderation of these groups, the members therein are at almost free reign to post/share any kind of data that they wish in terms of messages, voice notes, videos, songs etc. Many members of a WhatsApp group may put objectionable contents. The legal consequences and potential liability of the Administrator, stemming from such an objectionable post has come up for consideration in this Criminal Miscellaneous Case.