Bombay HC warns users: Your irresponsible WhatsApp status update could land you in jail

economictimes.indiatimes.com:

WhatsApp user, the Bombay High Court has urged them to exercise a sense of responsibility and caution while communicating on the platform. The Nagpur bench of the court made this observation while dealing with a case involving a man accused of posting content that allegedly promoted hatred against a religious group. In a ruling on July 12, a division bench of Justices Vinay Joshi and Valmiki SA Menezes emphasized that WhatsApp status is meant to convey messages to a user's contacts.

They further highlighted that users often check the status updates of those in their contact list. The court rejected the plea of 27-year-old Landkar, who sought to quash the FIR lodged against him for allegedly offending religious sentiments. Landkar was also charged under the provisions of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Information Technology Act.

The court clarified that WhatsApp status can be in the form of pictures or videos depicting one's activities or thoughts, and these updates disappear after 24 hours. The primary purpose of such status is communication with known individuals, conveying messages within one's contact list. The case against Landkar originated in March 2023 when he allegedly posted a religiously offensive question as his WhatsApp status, prompting viewers to search for it on Google.

The search results were found to contain objectionable material that outraged religious sentiments. Landkar contended that he had no intention to spread hatred and claimed that his WhatsApp status could only be seen by those who had saved his number. However, the court noted that the accused's status encouraged others to conduct a Google search and view the content he intended to share.