Fact Check: Is Liking An ‘Obscene’ Post On Social Media A Crime?

By OB Bureau On Oct 28, 2023

Allahabad: Social media can be a boon, but a menace as well.

With so much content – both useful and harmful – available on Internet and a smartphone in everyone’s possession, social media can easily be misused. One needs to be updated with current laws and rules to ensure that those are not violated in any way.

Vulgar and obscene content is often shared on social media, which some others appreciate also without any idea about legal implications.

Is it a crime to share or like an obscene matter on social media?

The Allahabad High Court recently ruled that liking an “obscene” post on social media does not constitute an offence, but sharing or reposting such content will attract penal consequences.

Justice Arun Kumar Singh Deshwal observed that sharing such a post amounts to “transmission” under Section 67 of the Information Technology (IT) Act and is punishable.

Justice Deshwal made the remarks while quashing criminal proceedings filed against Mohammad Imran Kazi of Agra under Section 67 of IT Act and other sections of IPC.

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 said.

Though under the IT Act transmitting obscene material is an offence, in this 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 and therefore, merely liking a post will not attract section 67 IT Act,” the judge said.

“Even otherwise, Section 67 of the IT Act is for obscene material and not for provocative material.”

Kazmi was facing a criminal case and chargesheet for liking “provocative” messages on social media, which led to 600-700 people from Muslim community arranging a procession without permission.

Kazmi was issued a non-bailable warrant on June 30.