Chennai: The Madurai Bench of Madras High Court has said on Saturday that WhatsApp group admin should not be held responsible for controversial or defamatory remarks posted by group members.
The petitioner Rajendran, a lawyer belonging to Karur district, the Central part of the state, created a WhatsApp group and named 'Karur Lawyers' and he himself was an admin of the group.
One of the group members kept on posting controversial and communal remarks in the group and the issue has reached the police who filed a case, which included group admin Rajendran. Frustrated, the lawyer approached the Madurai Bench of Madras High Court and sought the removal of his name in the case.
"After I came to know that the said person continued to post controversial remarks, I removed the person from the group thus the police should not act on the case against me. I was just an admin," he prayed.
During the hearing, Justice G.R Swaminathan observed that it would be premature to comment on this case, as the forensic report of the digital conversation had not been submitted. The Judge also pointed out that the group admin should not be held responsible for all kinds of communication in the group at all times. It was not also the duty of the admin to change, edit and audit the contents that were posted by members.
However, the WhatsApp group admin should monitor the comments made by group members.
The Judge also cited a Bombay High Court judgment that the admin could no longer be held responsible for a group member's controversial remarks. The petitioner's name could be removed from the police case, only if he was not linked with the controversial post.
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