Source: Allahabad High Court

Why in News?

The Allahabad High Court has ruled that the action of simply "liking" a post on social media does not constitute the act of publishing or transmitting the said post in the matter of Mohd Imran Kazi vs. State of UP and Another.

What is the Background of the Mohd Imran Kazi vs. the State of UP and Another Case?

• The accusation against the applicant was centered on his posting of provocative messages on social media.
  • These messages led to the gathering of approximately 600-700 individuals from the Muslim community, who organized a procession without proper authorization. This unauthorized gathering posed a significant risk to the peace and potential breach of it.
• A chargesheet was filed under Section 147, 148, 149 of the Indian Penal Code, 1860 (IPC), Section 67 Information Technology Act, 2010 (IT Act) in Agra.
  • The present application has been filed to quash the impugned charge sheet.

What were the Court’s Observations?

• Justice Arun Kumar Singh Deshwal's bench noted that the language used in Section 67 of the IT Act pertains to content that is "lascivious or appeals to the prurient interest," indicating a focus on material related to sexual interest and desire.
  • Consequently, such an act of the applicant does not fall under the purview of Section 67 of the IT Act, which stipulates penalties for the dissemination of obscene material in electronic form.

What is Section 67 under IT Act?

• Section 67 - Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.