Liking a post on social media applications like Facebook or X (formerly Twitter) cannot be punishable under Section 67 of the Information Technology Act because it does not amount to “publishing or transmitting” the post, the Allahabad High Court has now held in a recent judgement, adding that the provision can be attracted if a person had instead shared or retweeted it.
The Single Judge Bench of Justice Arun Kumar Singh Deshwal was hearing an application to quash charges filed against one Mohammed Imran Kazi, who had been accused by Agra police in 2019 of making posts that led to the assembly of 600-700 Muslims for a procession without permit, thereby threatening peace and security.
During the hearing, the Investigating Officer of the case relied on the fact that Mr. Kazi had liked a post on social media, calling for the assembly - despite being unable to provide evidence of Mr. Kazi himself having posted the content or shared it.
“A post or message can be said to be published when it is posted, and a post or message can be said to be transmitted when it is shared or retweeted. 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,” the Court held in its October 18 order, adding that the merely liking a post cannot be enough to attract Section 67 of the IT Act.
The Court further held that there was no material to connect the accused with any objectionable post and that there was no such material available on his social profiles. It thus ruled, “No case is made out against the applicant.”
The High Court also noted that the Section 67 of the IT Act is for obscene material as opposed to just provocative materials. “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,” the High Court said.
On social media platforms, the line between indicating approval for a post and sharing it with a broader audience can be blurred. Platforms like X often boost the visibility of posts liked by a user to their followers, and a similar amplification plays out on Facebook.
