Liking a post will not amount to publishing or transmitting the post: Allahabad High Court
Title: Mohd Imran Kazi vs. State of U.P. and Another
Citation: APPLICATION U/S 482 No. – 31091 of 2023
Decided on: 18.10.2023
Coram: Justice Arun Kumar Singh Deshwal
Introduction
It is clear from the perusal of section 67 of IT Act, that publishing or transmitting obscene matter is a punishable offence. However, Justice Arun Kumar in this matter held that mere liking of a post will not amount to publishing or transmitting the post and hence, cannot be made punishable under section 67 of the IT Act. A post or a message can only be said to be published or transmitted when it is posted, shared or retweeted. No such publication or transmission of any obscene or objectionable material was seen in this case.
Facts of the case
The present application has been filed by the applicant Mohd Imran Kazi in order to quash the impugned charge sheet as well as a non- bailable warrant accusing him of causing serious threat to peace. It was alleged that the due to some provocative messages on social media posted by the applicant, an assembly of about 600-700 persons gathered, belonging to the Muslim community for arranging procession without permission, which caused a serious threat to breach of peace.
It was contended by the counsel for the applicant that no such content was found on record. The reports of Cyber Crime Cell also show no posts on the Facebook of Applicant that can be considered to be provocative in nature. However, the learned A.G.A contented that there were no posts on Facebook because the applicant has deleted such provocative posts and the same can be found on Whatsapp and other social media platforms.
The court via an order directed the I.O to present evidence of such provocative messages before the court. The I.O appeared before the court placed reliance on the post of one Chaudhari Farhan Usman, which was liked by the applicant, in which it was mentioned that they would assemble before the collectorate to hand over the memorandum to Hon’ble the President of India.
Court’s observation and analysis
It is clear from the perusal of section 67 of IT Act, that publishing or transmitting obscene matter is a punishable offence. it is punishable only when any person publishes or transmits or causes to be published or transmitted in the electronic form any material which tends to deprave and corrupt persons who read, see or hear aforesaid material/message contained or embodied.
A post or a message can only be said to be published or transmitted when it is posted, shared or retweeted. No such publication or transmission of any obscene or objectionable material was seen in this case. Even otherwise Section 67 of the I.T. Act is for the obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 I.T. Act does not prescribe any punishment for other provocative material.
Hence, the present application was allowed.
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Written by- Amrita Rout