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.
