A member of a Whatsapp group allegedly sexually harassed a fellow member and a case was filed against the group’s admin.
The Bombay High Court ruled that the admin can’t be held responsible for the actions of group members amongst themselves.
The Incident
A Mr Tarone was accused of inaction against an individual who had apparently used inappropriate language in communication with a female member of the same group.
The allegation held that the admin failed to intervene by removing the accused from the group and demanding that he apologise for his actions.
The Nagpur bench of the court ordered that a Whatsapp group administrator can’t be held accountable for the objectionable actions of a virtual member.
Ruling
The ruling elaborated that a group in the virtual medium had multiple admins and they possess limited power in that they can only add or remove members to and from the group.
After the group is created, the admin and fellow members become equal in all terms apart from holding the power to remove or add someone else.
That means that the admins no longer hold control over what group members post or do and the same cannot be censored, regulated or moderated before it is posted on the group.
Order On Virtual Misdemeanors
The case was rejected and in its ruling the court said that there was no “special penal provision creating vicarious liability” and as such the group admin in concern could not be held liable for the lapse of proper conduct on the part of a member of their group.
However, action could be taken if there was proof of “common intention or a pre-arranged plan”.
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