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MANOJ KUMAR (T O) 31 July 2020

Queries regarding Whatsapp group Whatsapp Group Creator What are duties and responsibilities of Whatsapp group creator? Whatsapp Group Admin The creator of group is Admin by default. He can add other members and make him Admin. No Member or Admin cannot remove Creator of the group and his Admin powers. What are duties and responsibilities of Admin? What is difference in duties and responsibilities of Admin and creator of the group? Whether the creator/Admin of group needs consent of person before adding him in the group? Whether the creator/Admin of group needs consent of Member before making him Admin of the group? Whether the creator/Admin needs permission of member before change of their status from Admin to normal member of the group? Whether the creator/Admin needs permission of member of group before removing from the group? Whatsapp Nominated Group Admin In case creator/by default Admin of Group without giving Admin powers to any other member leave the group, the Whatsapp nominate next member of the group as Admin and so on…... What are duties and responsibilities of this new nominated Admin? What is difference in duties and responsibilities of Admin and new nominated Admin? Whatsapp Group Members What are duties and responsibilities of group members? What is difference in duties and responsibilities of group members added by Admin and members joined by clicking joining link? Legal Action as per Indian Law Under which Indian Law the Whatsapp groups were governed in India? What action can be taken on paras No 4,5,6 and 7 against Creator of Group, Authorized Admin by creator and nominated Admin by Whatsapp, If in case of any Loss of Fame, Monetary etc…. What action can be taken against Creator of Group, Authorized Admin, Nominated Admin and members of the group in case of non-accepted messages etc. and on what condition? Whether information shared by all members in group are property of members or protected under any rule or rules (Copy write etc………)

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Yashita Gupta 05 August 2020

Hello, Mr. Kumar!

With regards to your query on the responsibility and accountability of the admin and members of a whatsapp group, a recent judgement by the Punjab and Haryana High Court is well suited to clarify your doubts.

Earlier it was only the 'admin' who was held liable for the 'crimes' of other members of a group, but now all the members would be equally liable.

The Punjab and Haryana HC verdict said that in a group in which p*rnographic or objectionable content is shared, this would make all the members and the admin accomplice to the crime.The court has given important orders to control p*rnography on social media. The court has said that all the users in the group who disseminate p*rnographic material get involved in the crime.

An important section to keep in mind is Section 505 of the IPC which makes “statements conducing to public mischief” an offence. Among other things, it says whoever makes, publishes or circulates, any statement, rumour or report with an intent to cause, or which is likely to cause, fear or alarm to the public, whereby any person may be induced to commit an offence against the state or public tranquility will be punished with imprisonment and fine.

For reading the news on the HC's judgement you can refer to:

https://www.lawyersclubindia.com/news/punjab-and-haryana-hc-s-verdict-on-members-of-social-media-group-17770.asp

I hope this answers your query.

Regards

Yash*ta.