Allahabad High Court: Liking a Social Media Post Not an Offense
Justice Saurabh Srivastava’s Ruling
According to the Allahabad High Court, simply liking a social media post does not equate to publishing or transmitting it. Consequently, it is not punishable under the Information Technology Act’s provision regarding sharing “obscene” material.
Imran Khan’s Case
Justice Saurabh Srivastava made this observation on April 17 while addressing a case involving Imran Khan. Khan faced charges under Section 67 of the Information Technology Act, which penalizes electronic publication or transmission of obscene material.
- Khan liked a Facebook post by Chaudhari Farhan Usman.
- Usman’s post referred to a protest near the Agra collectorate.
- Authorities accused Khan of posting provocative messages on social media.
- Police alleged that his actions threatened peace.
In addition to the Information Technology Act, Khan also faced charges under sections of the Indian Penal Code related to rioting and unlawful assembly.
No Offensive Content Discovered
Khan’s lawyer argued that no offensive content was found on his Facebook account. The prosecution claimed that he had deleted the posts in question from Facebook, but the content was available on WhatsApp and other social media platforms.
The judge noted that based on the available records, it appeared that Khan had only liked the post in question. This action would not constitute an offense under Section 67 of the Information Technology Act.
Section 67 Applies to Obscene Content
The judge added that Section 67 of the Act applied to obscene content, and not provocative material in general. “The words ‘lascivious or appeals to the prurient interest’ mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”
No offense was established against Khan, Srivastava said while dismissing the case against him. “Upon hearing learned counsel for the applicant and reviewing the record, I do not find any material that could connect the applicant with any objectionable post, as there is no offensive post available in the Facebook and Whatsapp accounts of the applicant,” the High Court added.
