Creator or Administrator of a WhatsApp group, merely acting in that capacity, cannot be vicariously held liable for any objectionable content posted by a member of the group Kerala High Court

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Admin of WhatsApp group cannot be held liable for posts by members: Kerala High Court quashes POCSO case.

Both the Bombay and Delhi High Courts have held that the only privilege of an admin is that he can add or delete members to a group. He doesn't actually have control over what they post and therefore, cannot be held vicariously liable for any posts put up by other members.

"As has been held by both the Bombay and Delhi High Courts, the only privilege enjoyed by the Admin of a WhatsApp group over other members is that he can either add or delete any of the members from the group. He does not have physical or any control otherwise over what a member of a group is posting thereon. He cannot moderate or censor messages in a group. Thus, Creator or Administrator of a WhatsApp group, merely acting in that capacity, cannot be vicariously held liable for any objectionable content posted by a member of the group," the Court ruled.

Creator or Administrator of a WhatsApp group, merely acting in that capacity, cannot be vicariously held liable for any objectionable content posted by a member of the group-

Kerala High Court

There is no law by which an Admin of any messaging service can be held liable for a post made by a member in the group. A WhatsApp Admin cannot be an intermediary under the IT Act.

Kerala High Court