Merely Liking A Provocative Post Will Not Attract Section 67 Of the IT Act: Allahabad High Court
The Allahabad High Court held that merely liking an allegedly provocative post on social media will not attract the punishment under Section 67 of the Information Technology (Amendment) Act, 2008 (IT Act).
The Court allowed an Application seeking to quash the chargesheet, cognizance order, and non-bailable warrant against an individual who was indicted for liking a provocative post on social media. The Court emphasized that Section 67 of the IT Act applies to obscene material and not provocative material.
Justice Arun Kumar Singh Deshwal observed, “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”.
“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”, the Court noted.
Advocate Jai Raj appeared for the Applicant and Additional General Advocate Rajeev Kr. Singh appeared for the Respondent.
The applicant was charged with allegations of posting provocative messages on social media, which led to an assembly of approximately 600-700 individuals from the Muslim community. The assembly was organized without permission and posed a serious threat of breaching the peace. The Application was filed seeking to quash the chargesheet, cognizable order, and non-bailable warrant arising out of a case registered under Sections 147, 148, and 149 of the Indian Penal Code (IPC) and Section 67 of the IT Act.
The Court, in its previous order, had directed the Investigating Officer to submit a report of all concerned materials in the case diary. The Investigating Officer had submitted the report while placing reliance on one post that was liked by the Appellant.
The Court noted that 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 are punished per Section 67 of the IT Act. The Court observed that 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.
“From the perusal of the provision mentioned above, it is clear 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 retweeted”, the Court observed.
Accordingly, the Court allowed the Application.
Cause Title: Mohd Imran Kazi v State of U.P. and Another (2023:AHC:201882)
