Liking 'obscene' content on social media not crime, sharing is, says Allahabad HC

Prayagraj: The Allahabad High Court recently held that liking an ‘obscene’ post on social media does not constitute an offence, however, 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 will be punishable.

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.

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.”

“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 issued a non-bailable warrant against him on June 30, 2023.