What action can I take for vulgar posts on social media

63 votes

Section 66 (A) of IT Act prohibits the sending of information of a “grossly offensive” or “menacing” nature through computers and communication devices. Therefore you can file a police complaint against any offensive materials posted on social media. 

LawRato LawRato

905 votes

The one who posts should be held responsible and not the admin as there is no provision in WhatsApp to moderate posts from members, unlike a Facebook Group. Since the Supreme Court struck down Section 66-A of the Information Technology Act, 2000, the Indian Penal Code, 1860 presently applies for handling offence on social media and provisions vary according to the crime. Depending upon what is posted, either the IPC or IT Act may be applicable. It is not an offence to receive any information. However, if the person forwards, transmits, distributes — without knowing its genuineness or otherwise — resulting in a loss or wrong done to someone, he/she may come under investigation and can also be made party or the accused.

The Supreme Court's decision to strike down Section 66A of I-T Act may infuse social network site addicts with a sense of unrestricted freedom of expression, but it is a deja vu situation for them as indiscrete postings in social network sites could still invite arrest under similar provisions of Indian Penal Code. In most of the cases slapped against persons for posting offensive views on social network sites, the police had invariably invoked Sections 153 and 505 of the IPC along with Section 66A of I-T Act, which is a bailable offence. It is the invoking of additional IPC sections which had allowed the police to arrest the persons for offensive posts. Section 153 and 153A provides for registration of a case against a person who gives a statement either in writing or orally that incites communal riots or provokes communal tension and enmity between communities. IT is punishable with imprisonment from 6 months to one year with fine. Section 505 punishes persons who spread rumour through their statement to cause public disorder with an imprisonment up to 3 years.

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