Welcome to Delhi Law Firm тАФ your trusted legal partner for digital awareness and online safety.
тЪЦя╕П Introduction
In todayтАЩs era of social media, almost everyone likes, comments, or shares posts every day. But a big question arises тАФ can merely тАЬlikingтАЭ an obscene post make you a criminal? Is it an offence under the Information Technology Act, 2000? LetтАЩs understand this clearly through recent court judgments.
ЁЯУЬ Section 67 of the Information Technology Act, 2000
Section 67 of the IT Act states that any person who publishes or transmits obscene material in electronic form, or causes it to be published or transmitted, shall be punished with imprisonment and fine. The key words are тАЬpublishesтАЭ and тАЬtransmits.тАЭ
This law punishes those who actively upload, forward, or share obscene content тАФ not those who merely view or react to it.
тЪЦя╕П The Allahabad High CourtтАЩs View
In Mohammad Imran Khan vs State of Uttar Pradesh, the HonтАЩble Allahabad High Court clarified this confusion. The Court held that merely liking an obscene post does not mean that you have published or transmitted it. Liking a post is only a passive reaction, not an act of publication.
However, if someone uploads, forwards, or shares such content, it clearly falls under the offence described in Section 67.
ЁЯТб Difference Between Liking and Sharing
- Liking: A personal reaction visible only to your profile. It does not distribute the post further.
- Sharing: Actively sending or forwarding content, thereby transmitting it to others тАФ which can be punishable.
тЪЦя╕П Supreme Court Judgments That Changed Digital Law
1. Aveek Sarkar vs State of West Bengal (2014): The Supreme Court replaced the outdated Hicklin Test with the Community Standards Test, stating that not every bold or adult image is тАЬobscene.тАЭ Obscenity must be judged by contemporary social standards.
2. Shreya Singhal vs Union of India (2015): The Court struck down Section 66A of the IT Act as unconstitutional, reinforcing the right to free speech online and clarifying that vague terms like тАЬoffensiveтАЭ cannot be grounds for arrest.
ЁЯТм What This Means for You
If you simply like a post тАФ even if it is controversial тАФ you are not a criminal under Section 67. But if you upload, share, or forward obscene or sexually explicit content, you can be legally liable.
The difference between тАЬlikeтАЭ and тАЬshareтАЭ is critical. The moment you share, you take part in transmission тАФ and thatтАЩs where the law applies.
ЁЯза Legal Awareness and Digital Responsibility
Indian courts aim to maintain a balance between freedom of expression and public morality. The goal is not to punish innocent users but to prevent the spread of illegal or harmful content.
Remember: Think before you post or share anything online. Awareness is power, and digital responsibility is the key to staying safe in the modern world.
ЁЯУЮ Need Legal Help?
If you ever receive a legal notice or cyber complaint under Section 67 of the IT Act, you can reach us for professional guidance.
Helpline: 9990649999 | 9999889091
Stay informed. Stay responsible. Stay legally protected.
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