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"Court Rules Liking 'Obscene' Social Media Posts Not a Crime, but Sharing or Reposting Is"

Published On : 2023-10-29T18:11:56+0530 [ IST ] | Author : Amit_Rahangdale
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India :

The Allahabad High Court recently held that liking an "obscene" post on social media does not constitute an offence, but 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 would be punishable.

Justice Arun Kumar Singh Deshwal made the remarks as he quashed the criminal proceedings pending against one Mohd Imran Kazi of Agra filed under Section 67 of the IT Act and other sections of the Indian Penal Code (IPC). 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".

Source : BNN Breaking

Tags : Social Media , Online Conduct , Obscene Posts , Court Ruling , Legal Decision ,

Summary : A latest court ruling clarifies that liking 'obscene' social media posts isn't always taken into consideration a crime, but sharing or reposting such content may have legal implications.

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