The Lahore High Court (LHC) on Thursday ruled that merely being a member or administrator of a WhatsApp group does not, by itself, constitute a criminal offence or create criminal liability.
In a significant judgement, the court clarified that legal responsibility for unlawful material shared in a WhatsApp group rests with the individual who uploads, forwards or disseminates the content.
The ruling came in a cybercrime case investigated by the Federal Investigation Agency (FIA) concerning the alleged circulation of blasphemous material on WhatsApp.
The court dismissed the post-arrest bail application of the accused, Syed Abdul Mannan.
According to the 13-page judgement, the court held that a person’s mere presence in a WhatsApp group or failure to respond to content shared within it is insufficient to establish criminal responsibility.
The judgement stated that criminal liability must be linked to the individual who actively uploads, forwards or shares the offending material.
The verdict was delivered by Justice Tariq Saleem Sheikh, who observed that the available evidence, including a technical analysis report, appeared prima facie reliable at this stage of the proceedings.
While rejecting the bail plea, the court directed the trial court to expedite the proceedings and ensure the case is concluded at the earliest opportunity.
