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2022 Supreme(Ker) 113

KAUSER EDAPPAGATH
Manual S/o Boban – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Anil Kumar M. Sivaraman, C. Chandrasekharan.
For the Respondent: M.K. Pushpalatha.

ORDER :

1. Dated this the 23rd day of February, 2022 is the Creator or Administrator of a WhatsApp group criminally liable for offensive content posted by a group member?

2. Gone are the days, when we used short message service or a formal website chat-box to communicate with our kith and kin. They were replaced by personalised messaging apps like WhatsApp, Facebook Messenger, Viber etc. Launched in 2009, WhatsApp is a relatively latecomer to social media. Yet, it is reported to be growing faster than other social media platforms especially in recent years. According to the official note of WhatsApp, it serves more than 2 billion people in over 180 countries, with over a billion daily active users. Recent data shows WhatsApp topped the list of the most popular global mobile messaging apps in 2021. Currently, more than 100 billion messages are sent each day on WhatsApp, making it the most active messaging app in the world. This Android based multiplatform messaging app lets its users to make video and voice calls, send text messages, share their status, photos, videos and more - with no fees or subscriptions.

3. WhatsApp has proved its relevance in exchange of information very fast. On

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