Liking 'obscene' content on social media no crime, sharing is: Allahabad HC
Prayagraj (UP) (PTI): The Allahabad High Court recently held that liking an "obscene" post on social media does not constitute an offence, however, sharing or reposting such content will attract penal consequences.
The court in its observations on Wednesday said sharing such a post would amount to "transmission" under Section 67 of the Information Technology (IT) Act and will be punishable.
Justice Arun Kumar Singh Deshwal made the remarks as he quashed the criminal proceedings pending against Mohd Imran Kazi of Agra filed under section 67 of IT Act and other sections of the Indian Penal Code.
Kazi was under trial for liking another person's post for unlawful assembly.
"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 judge noted.
He said though under the IT Act transmitting obscene material is an offence, in the present 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."
"Even otherwise section 67 of the IT Act is for obscene material and not for provocative material," the court said.
A criminal case was registered against petitioner Mohd Imran Kazmi and a charge sheet was filed against him for liking "provocative" messages on social media, which resulted in the assembly of about 600-700 persons belonging to the Muslim community for arranging procession without permission.
The court of CJM, Agra, took cognisance of the charge sheet and issued a non-bailable warrant against him on June 30, 2023.
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Mangaluru: Case registered over provocative social media post linked to 2022 murder
Mangaluru (Karnataka), May 9 (PTI): A case has been registered in connection with alleged circulation of a provocative social media post linked to the 2022 murder of Mohammed Fazil in Surathkal, police said on Friday.
According to the police statement, an Instagram reel shared from a particular handle featured images of Fazil with the caption “Miss You Faasil”.
A user identified as bazigar8614 commented on the post, stating: “This is not the end, four more to go.”
Based on this, a case has been registered under various sections of the Bharatiya Nyaya Sanhita at Ullal Police Station and the case has now been transferred to the City Crime, Economic Offences and Narcotics (CEN) Police Station for further investigation.
Police have traced one of the followers of the account, identified as Mohammad Akram from Haleyangady, Mangaluru, who is being questioned in this regard.
Further investigation is underway.
