'Sharing' Obscene Post On Social Media An Offence, Not 'Liking': Allahabad HC

The Allahabad HC said that liking an 'obscene' post on Facebook or X would not constitute an offence under Section 67 of the Information Technology Act.

The Allahabad High Court recently said that liking an "obscene" post on Facebook or X (formerly Twitter) would not constitute an offence under Section 67 of the Information Technology Act. However, sharing or reposting such content would amount to "transmission" under Section 67 of the IT Act and will be punishable.

“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 retweeted ... Liking a post will not amount to publishing or transmitting the post, therefore, merely liking a post will not attract Section 67 IT Act," the order said, as quoted by Bar and Bench.

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, as quoyed by the news agency PTI.

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," as quoted by PTI. "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 a non-bailable warrant was issued  against him on June 30, 2023.