LUCKNOW: The Allahabad High Court has held that merely liking an obscene post on social media platform Facebook or on any other social media platform would not amount to an offence. However, sharing or reposting such a post would amount to "transmission" under Section 67 of the Information Technology (IT) Act and would, thereby, attract penal consequences, added the court.
Allowing a petition filed by one Mohd Imran Kazi of Agra, the High Court bench comprising Justice Arun Kumar Singh Deshwal quashed the criminal proceedings pending against him under section 67 of IT Act and other sections of Indian Penal Code (IPC) in the court of chief judicial magistrate, Agra, alleging that he liked other person’s post for unlawful assembly.
Delivering the order, Justice Deshwal observed: “It is clear under section 67 of Information Technology Act that publishing or transmitting obscene material is an offence. A post or message can be said to be published when it is posted, and a post or message can be said to be transmitted when it is shared or re-tweeted. In the present case, it is alleged that there is material in the case diary showing that 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 I.T. Act”.
While elaborating Section 67 of IT Act, the court said that even otherwise Section 67 of the IT Act was for the obscene material and not for provocative material. “Therefore, Section 67 I.T. Act does not prescribe any punishment for other provocative material,” said the judge.
Regarding the present case, the court in its verdict, dated October 18, said: “Even otherwise, from the material on record, it appears that no message which could be provocative in nature is available on record in the Facebook of the petitioner and merely liking a message published by Chaudhari Farhan Usman will not attract penalty u/s 67 of I.T. Act or any other criminal offence”.
A criminal case was registered against petitioner – Mohd Imran Kazmi and also a chargesheet was filed against him after investigation for being part of a provocative message on social media, which resulted in the assembly of about 600-700 persons belonging to the Muslim community for arranging procession without permission, which caused a serious threat to peace.
The court of CJM, Agra took cognizance of chargesheet and issued non bailable warrant against him on June 30, 2023. Hence he filed the present petition challenging the entire criminal proceeding pending against him.
