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The Madras High Court has recently reiterated the stand taken by the Bombay High Court in the case of Kishore V. State Maharashtra, that a group administrator cannot be held vicariously liable for an act of a member of the group, who posts objectionable content.

A single-judge bench of Justice GR Swaminathan noted, "If the petitioner had played the role of a group administrator alone and nothing else, then while filing final report, the petitioner's name shall be deleted." 

The plea has been filed by an Advocate who is an Administrator of a WhatsApp group 'Karur Lawyer' wherein a person named Pachaiyappan allegedly posted certain highly offensive messages, reading of the said messages would cause ill-feeling between two communities.

Counsel appearing for the respondents submitted that after the objections were raised, the group administrator removed the said Pachaiyappan from the Whatsapp group, in addition to which he re-inducted him within a few days.

However, the Additional Public Prosecutor submitted that as of now forensic report is still awaited and only after the report is received, one can conclude as to whether the message was posted only by Pachaiyappan or whether it was posted in his name by the petitioner.

Considering the arguments placed, the bench directed the State to bear in mind the decision of the Bombay High Court reported in the case of Kishore V. State Maharashtra.

The Bombay High Court had observed that "When a person creates a Whatsapp group, he cannot be expected to presume or to have advance knowledge of the criminal acts of the member of the group."

Case Title: R Rajendran Vs. The Inspector of Police