The Allahabad High Court ruled that liking a post isn’t the same as sharing it. The court quashed charges under Section 67 IT Act against Imran Khan.
Allahabad: The Allahabad High Court has clearly said that just liking a post on social media is not the same as sharing it.
The Court also said that simply liking a post cannot be treated as a crime under Section 67 of the Information Technology (IT) Act, 2000. This law mainly deals with posting or sending material online that is obscene or sexual in nature.
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This observation was made by Justice Saurabh Srivastava while he was cancelling the case against a man named Imran Khan.
Background:
He was accused of liking a post by a person named Chaudhari Farhan Usman. According to the media, the post was about a protest gathering near the Agra collectorate. The purpose of the protest was to submit a memorandum to the President of India.
After this post, Imran Khan was booked by the police for sharing “provocative messages on social media, which resulted in the assembly of about 600-700 persons belonging to the Muslim community for arranging a procession without permission.”
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The police said the post created a serious law and order problem and could disturb public peace. So, they charged him under different sections of the Indian Penal Code and also under Section 67 of the IT Act.
Section 67 of the IT Act: Punishment for publishing or transmitting obscene material in electronic form Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.
The judgment was given on April 17. In the decision, Justice Srivastava said that a message or post is considered “published” only when someone posts it, and it is considered “transmitted” when someone shares or retweets it.
He stated:
“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.”
The Court made it very clear that just liking something on social media does not mean that the person is sharing it or spreading it. So, this kind of action should not be punished under laws that deal with posting illegal or obscene content.
Justice Srivastava also explained that Section 67 of the IT Act is meant for material that is obscene or related to sexual content, not for material that is only provocative.
He said:
“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.”
Advocates Abhishek Ankur Chaurasia and Diwan Saifullah Khan represented the petitioner.
Case title – Imran Khan vs. State of U.P. and Another
