Key Points
- Allahabad High Court rules that merely “liking” an inflammatory or objectionable social media post is not a criminal offense.
- Sharing or forwarding such posts can attract legal action under the IT Act and other laws.
- The court quashed criminal proceedings against an Agra resident accused solely of liking a provocative Facebook post.
- Section 67 of the IT Act applies only to the publication or transmission of obscene content, not to digital engagement like likes.
- Police warn against sharing inflammatory posts; legal scrutiny continues amid ongoing debates on the Waqf law.
Prayagraj: Amid nationwide debate and social media uproar over the Waqf law, the Allahabad High Court has delivered a significant ruling clarifying the legal boundaries of online activity. The court stated that while sharing or forwarding inflammatory content on social media can be prosecuted, simply “liking” such a post does not constitute a criminal offense.
Court’s Rationale: Sharing vs. Liking
Justice Saurabh Srivastava, presiding over the case, explained that under Section 67 of the Information Technology (IT) Act, only the publication or transmission of lascivious or obscene material is punishable. The act of “liking” a post does not amount to publishing or transmitting content, and therefore cannot attract penal provisions under this section.
“A message is considered ‘published’ when it is posted and ‘transmitted’ when it is shared or retweeted. Liking a post does not amount to either,” the court clarified.
The ruling came during a hearing on a petition filed by Imran Khan from Agra, who faced criminal charges after liking a Facebook post that called for a protest at the Agra Collectorate. The police alleged that the post led to an unlawful assembly, but the court found no evidence that Khan had shared or published any objectionable content himself.
Section 67 IT Act: Focus on Obscenity, Not Provocation
The court emphasized that Section 67 of the IT Act is specifically intended to penalize the publication or transmission of obscene or sexually explicit material, not provocative or political content. The judge noted that the words “lascivious or appeals to the prurient interest” in the law are clearly related to sexual material, not to inflammatory or political speech.
Case Dismissed, Legal Precedent Set
After reviewing the evidence, the court quashed all proceedings against Khan, stating, “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”.
This decision sets an important precedent for digital engagement, distinguishing between passive actions like “liking” and active dissemination such as sharing or forwarding posts.
Police Advisory and Ongoing Waqf Law Debate
In light of ongoing tensions and misinformation related to the Waqf law, police across Uttar Pradesh have reiterated that action will be taken against those who share or spread inflammatory content online. However, the Allahabad High Court’s ruling offers legal clarity for social media users, ensuring that mere “likes” do not result in criminal liability.
This landmark judgment provides much-needed clarity for millions of social media users, drawing a clear line between digital endorsement and active dissemination of objectionable content.
