WhatsApp admin not liable for objectionable post by group member: Kerala High Court

The Kerala High Court has ruled that the admin of a WhatsApp group cannot be held liable if a group member posts objectionable content.

The high court made the ruling while quashing a POCSO case against one such WhatsApp admin, in whose group a member had posted child pornography.

The court said that the only privilege held by a WhatsApp group admin over other members, is that they can add or delete any members from the group. They do not have any control over a what a member of the group posts, and they cannot moderate or censor any messages.

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The court said that there was no law by which admin of any messaging service could be held liable for a post made by a member, noting that there is not master-servant or principal-agent relationship between the admin of a WhatsApp group, and its members.

It goes against the basic principles of criminal law to hold an Admin liable for a post published by someone else, the court said.